Narrative Opinion Summary
The case involves an appeal by James Binder against a circuit court order that dissolved his marriage, awarded alimony, and divided marital property. Binder contended that the equitable distribution was made without competent evidence of asset values. Upon review, the appellate court affirmed the lower court's decision. In the divorce proceedings, the court awarded the appellee permanent alimony, the marital home, and a portion of other financial assets, considering her limited education and unemployment throughout the marriage. Binder, despite his disability, had a steady annual income. Evidence emerged during the appeal that Binder attempted to hide substantial savings by transferring them to his sister, which the court ruled as fraudulent. The court's discretion in property division was deemed appropriate, with sufficient evidence regarding the values of the properties and cash assets. The appellate court concluded that Binder had opportunities to present more precise valuation evidence but failed to do so, thus affirming the circuit court's order. Judges Thompson and Wigginton concurred with the decision.
Legal Issues Addressed
Awarding Alimony in Divorce Proceedingssubscribe to see similar legal issues
Application: Permanent alimony was awarded based on the appellee's limited education, unemployment status during the marriage, and Binder's income.
Reasoning: Following a hearing, the court awarded appellee $500 per month in permanent alimony, the marital home, $2,000 from a bank account, and half of $3,900 in savings bonds as lump sum alimony.
Court's Discretion in Property Divisionsubscribe to see similar legal issues
Application: The court's discretion in property division was upheld as it was based on sufficient evidence of relative property values and cash assets.
Reasoning: The court noted sufficient evidence regarding cash assets and the relative values of the residences to justify its decisions. Binder could have submitted more precise valuation evidence if desired.
Equitable Distribution of Marital Propertysubscribe to see similar legal issues
Application: The court can make equitable distribution of marital property based on available evidence and relative values, even in the absence of specific asset valuations.
Reasoning: Binder argues the court improperly made an equitable distribution without evidence of certain asset values. The appellate court affirms the lower court's decision.
Fraudulent Transfer of Assets in Divorcesubscribe to see similar legal issues
Application: The court found that Binder fraudulently transferred funds to his sister to conceal assets during the divorce proceedings.
Reasoning: The court found that Binder transferred this money to his sister to defraud the court, determining the funds still belonged to him.