Howard v. Howard

5 Citing cases

  1. Aguire v. Aguire

    370 A.2d 948 (Conn. 1976)   Cited 24 times

    We have considered those cases' and we conclude that each domestic relations case must be decided on the basis of the facts unique to it and that great weight must be given to the decisions of the trier. See Laird v. Laird, 203 Cal.App.2d 806, 21 Cal.Rptr. 924; Howard v. Howard, 314 Ky. 685, 236 S.W.2d 932; Thompson v. Thompson, 222 Or. 505, 353 P.2d 241; Frank v. Frank, 18 Utah 2d 228, 419 P.2d 199. The trial court is guided in the exercise of its discretion by the listing in 46-52 of the factors to be considered in awarding alimony, and the finding indicates that duration was duly considered by the court. The duration of a marriage is but one factor, and to hold that it is determinative would attach to that single factor a significance not intended by the legislature.

  2. Duvall v. Duvall

    431 S.W.2d 491 (Ky. Ct. App. 1968)   Cited 2 times
    In Duvall v. Duvall, Ky., 431 S.W.2d 491 (1968) we affirmed the judgment of the Jefferson Circuit Court in part with directions that it be modified to award Ethel Ann $300 per month future alimony.

    However, the lump sum award of $17,964.52 will not go far at $300 per month (less than 60 months). Considering the age and the health of Mrs. Duvall and the age, the health, and the income of Mr. Duvall, we are convinced Mrs. Duvall is entitled to $300 per month alimony in addition to the lump sum allowance, subject, of course, to be terminated upon her death or remarriage. Cf. Howard v. Howard, 314 Ky. 685, 236 S.W.2d 932. In deciding to allow future monthly payments of alimony in lieu of increasing the lump sum allowance by the chancellor, we have considered the difficulty of raising such amount with debts already outstanding.

  3. Davis v. Davis

    347 S.W.2d 534 (Ky. Ct. App. 1961)   Cited 3 times

    That is a matter which is left to the sound discretion of the chancellor and something which must be decided by him in the light of the facts of each particular case. See Howard v. Howard, 314 Ky. 685, 236 S.W.2d 932. In Hicks v. Hicks, Ky., 290 S.W.2d 483, 485, it was said in part that the chancellor "* * * in determining the amount and manner of alimony to be paid is guided by no formula but, in his discretion, should consider the following elements with respect to each party: Size of estate, income, earning capacity, age, ability to labor, health, and station in life.

  4. Young v. Young

    340 S.W.2d 253 (Ky. Ct. App. 1960)   Cited 3 times

    No rule has been evolved for measuring the amount of alimony which should be awarded to the wife upon procuring a divorce. Patterson v. Patterson, Ky., 266 S.W.2d 91; Howard v. Howard, 314 Ky. 685, 236 S.W.2d 932. Ordinarily, the size of the husband's estate, his income and earning capacity, the principal cause of the divorce, the age, health and earning capacity of both the husband and wife, and whether or not the wife has aided in the accumulation of the husband's estate are elements that should be considered. Jones v. Jones, 261 Ky. 647, 88 S.W.2d 673; Lewis v. Lewis, 204 Ky. 5, 263 S.W. 366; Watkins v. Watkins, 202 Ky. 141, 259 S.W. 20. The Chancellor awarded Mrs. Young the sum of $3,000 and certain furniture of the value of $1,000.

  5. Petrie v. Petrie

    262 S.W.2d 182 (Ky. Ct. App. 1953)   Cited 10 times
    In Petrie v. Petrie, Ky., 262 S.W.2d 182; and Yonts v. Yonts, Ky., 329 S.W.2d 209, we stated that an award of alimony is within the sound discretion of the circuit court and will not be disturbed unless the award appears to be clearly erroneous.

    Dalton v. Dalton, 304 Ky. 223, 200 S.W.2d 469; Osten v. Osten, 286 Ky. 473, 151 S.W.2d 67. The chancellor's decision will not be disturbed unless it is manifestly erroneous. Howard v. Howard, 314 Ky. 685, 236 S.W.2d 932. The parties to this suit were married on February 24, 1939, and, with the exception of a two weeks' separation in 1944, lived together as man and wife until August 29, 1951. Appellant and appellee are thirty-eight and forty-two years of age respectively.