Litigation

In a long-term marriage where the husband was the primary wage earner, the appellate court approved an award to the wife of 50% of the marital assets by a partial lump sum payment and a partial payout labeled “alimony”; the husband was ordered to pay the wife's attorney's fees. Klauser v. Klauser, No. 2002-CA-00269-COA, Mo.Ct.App., July 22, 2003.

The parties were married in 1970 and separated in 1999. The husband was a veterinarian and the primary financial provider during the marriage. The wife had supported the husband as a teacher when the parties were first married and he attended veterinary school. The wife then worked in the husband's veterinary practice until 15 years prior to the termination of the marriage, when she went back to teaching. The trial court awarded the wife $122,749 of the marital assets and the husband was awarded $216,106. The difference, totaling $93,357, was awarded to the wife in monthly installments of $1000 per month payable as “alimony” by the husband until the sum was paid in full. The husband was also ordered to pay the wife's attorney's fees. The appellate court affirmed the order of the trial court. It held that the large difference in the parties' incomes warranted the monthly installments of $1000 per month as alimony to the wife. The property distribution was appropriate because the court properly considered all factors required by the State of Mississippi to make a proper distribution of property, including, inter alia, the economic contributions of the parties, contribution to the education of each of the spouses, the needs of the parties, and any other factor that the court might deem significant. The award of attorney's fees to the wife was also appropriate because the husband was in a superior financial position.