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Terrell v. Terrell

Citations: 133 So. 3d 833; 2013 WL 3606178; 2013 Miss. App. LEXIS 415Docket: No. 2011-CA-01540-COA

Court: Court of Appeals of Mississippi; July 16, 2013; Mississippi; State Appellate Court

Narrative Opinion Summary

This case involves the dissolution of a twenty-two-year marriage, addressing the equitable distribution of assets, alimony, and associated costs. The parties, married in 1986 and divorced in 2011, have one adult daughter. The primary legal issues revolved around the division of marital assets, classification of property, and alimony awards. The chancery court divided the marital estate, valued at approximately $1.2 million, nearly equally between the parties. The court classified an automobile purchased during the marriage as a non-marital gift to the daughter, excluding it from the estate. Alimony was awarded in a lump sum rather than periodically, based on the Armstrong factors, ensuring the spouse’s financial stability post-divorce. The court denied the request for attorney’s fees and litigation costs, finding both parties capable of managing these expenses after asset division. The appellate court upheld the chancery court's decisions in part, affirming the application of equitable distribution principles and the proper exercise of discretion in awarding alimony and allocating costs. The judgment was affirmed in part and reversed in part, with costs of the appeal charged to the appellant.

Legal Issues Addressed

Alimony Considerations

Application: The court awarded lump-sum alimony after equitable distribution, considering factors such as the duration of marriage and income disparity.

Reasoning: Consequently, she was awarded $42,157.60 in lump-sum alimony to ensure equitable division of assets.

Attorney's Fees and Litigation Costs

Application: The court exercised discretion in denying attorney’s fees and costs, determining both parties could cover these expenses post-division.

Reasoning: The court found Mary’s argument regarding her cost of living unsubstantiated, noting that both parties demonstrated the ability to cover litigation expenses after the marital estate division.

Classification of Marital Property

Application: The court determined that an automobile purchased during the marriage was a gift to the child and not a part of the marital estate.

Reasoning: The court agrees, ruling that the vehicle is a gift to Catherine, not marital or separate property, and orders its removal from the estate.

Equitable Distribution of Marital Assets

Application: The court evaluated the division of marital assets under the Ferguson factors, leading to an almost equal distribution between the parties.

Reasoning: Equitable distribution does not equate to equal distribution; chancellors can ensure fairness rather than strictly dividing assets by percentage.