Turner v. Turner9/30/2002
. However, it reduced the amount of alimony from $2000 a week to $2000 a month.
With respect to the determination to award indefinite alimony, the court reasoned that appellee's "career path is set, and will continue to prove lucrative," while appellant's "earning potential . . . has been significantly reduced," because the divorce "derailed from her career." Thus, the court concluded that the divorce "severely impacted [appellant's] day to day life." It also determined that, "at this stage of appellant's life there is no suggestion that additional training is going to increase her marketability."
As we observed, at various times during the litigation, appellant had previously received between $2000 and $2500 per week, either as salary from BSL or as alimony from appellee. In arriving at the alimony award of $2000 per month, the court considered appellant's assets, the monetary award, and the income that the monetary award was expected to generate. The court did not specify, however, the amount it believed the monetary award would reasonably yield as a supplement for appellant's support.
Further, the court ordered Mr. Turner to contribute $13,000 towards Ms. Turner's attorneys' fees, in addition to the $6000 that had been awarded in December 1999. The Divorce Opinion also included a section titled "Clarification of Rulings on Corporate Claims," in which the court addressed certain aspects of the corporate suit, previously addressed in its Corporate Opinion, to "avoid any uncertainty."
The Judgment of Absolute Divorce, filed on July 19, 2000, incorporated the terms of the Divorce Opinion. Pursuant to the divorce decree, $150,000 of the monetary award was to be paid to appellant within 45 days of the date of judgment, and the balance was due within six months, without interest. Both sides timely moved to alter or amend judgment.
In appellant's post-trial motion, filed on July 25, 2000, appellant complained, inter alia, about the amount of the alimony award, the amount of money that the court found appellee to have dissipated, the court's failure to award "Crawford" credits, and the award of attorneys' fees. Appellant also argued that the court erred in finding that appellee's current income was in the range of $175,000 to $200,000 per year. Further, she complained that the court placed "undue emphasis" on the amount of the monetary award in determining the alimony award. In regard to the amount of monthly alimony, Ms. Turner submitted a copy of appellant's W-2 Form for the 1999 calendar year, which was not available at the time of the divorce trial in November 1999. It showed that Mr. Turner had a gross income for 1999 of $263,763.15.
In addition, appellant pointed out that the "full expenditures" for the marital home would continue until the sale was completed on July 31, 2000. Asserting that "this Plaintiff of 34 years of marriage" faced considerable hardship, appellant pointed out that she had just been mandated to obtain employment, but did not yet have a job. Moreover, she noted that no payment of any portion of the monetary award was due for 45 days following the date of judgment. Appellant thus claimed a monthly shortfall of about $4000 between the alimony of $2000 a month and her necessary monthly expenses.
On July 31, 2000, settlement was held with respect to the sale of the marital home. The records reflect that parties each received net proceeds of about $150,000.
Also on July 31, 2000, appellee moved to alter or amend, claiming, inter alia, that the court erred in failing to find as extant property the unauthorized withdrawal of $30,000 in BSL funds, made by appellant at the time of separation. In add
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