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HATFIELD v. HATFIELD6/9/1997
FACTS/PROCEDURAL BACKGROUND
By complaint dated February 17, 1994, Wife sought "a Decree of Separate Maintenance," equitable distribution of the marital assets, and alimony. Husband answered and counterclaimed
The family court judge issued a final order on February 14, 1995. The judge granted the parties a decree of separate support and maintenance "each from the other," and he ordered an equitable distribution of the marital property. However, because he found Wife had substantial assets and was capable of making a living, the judge ruled Wife was "barred from alimony." Further, the judge found no grounds were established by either party to justify the granting of a divorce . Both parties moved to alter or amend the judgment. The judge granted the motions in part and denied them in part by order dated July 19, 1995. Wife appeals.
STANDARD OF REVIEW
In appeals from the family court, the Court of Appeals has the authority to find the facts in accordance with its own view of the preponderance of the evidence. Owens v. Owens, 320 S.C. 543, 466 S.E.2d 373 (Ct. App. 1996). This broad scope of review does not, however, require this court to disregard the findings of the family court. Stevenson v. Stevenson, 276 S.C. 475, 279 S.E.2d 616 (1981). Neither are we required to ignore the fact that the trial judge, who saw and heard the witnesses, was in a better position to evaluate their credibility and assign comparative weight to their testimony. Cherry v. Thomasson, 276 S.C. 524, 280 S.E.2d 541 (1981).
ISSUES
Did the family court err in:
(1) denying Wife alimony?
(2) finding Husband's inherited shares of stock were
not transmuted?
(3) finding Wife possessed $65,000 in a savings
account?
LAW/ANALYSIS
1. ALIMONY
Wife contends the family court erred in denying her request for alimony and in failing to reserve the right to make a future award of alimony. We disagree.
This case was initiated as an action for separate maintenance and support, not a divorce . However, S.C. Code Ann. § 20-3-140 (Supp. 1996) provides an award of alimony is to be made in actions for separate maintenance and support according to the factors applied in divorce actions. Rivenbark v. Rivenbark, 301 S.C. 175, 391 S.E.2d 232 (1990). The decision to grant or deny alimony is within the sound discretion of the family court judge, whose decision will not be disturbed on appeal absent an abuse of that discretion. Williamson v. Williamson, 311 S.C. 47, 426 S.E.2d 758 (1993); Sexton v. Sexton, 321 S.C. 487, 469 S.E.2d 608 (Ct. App. 1996).
S.C. Code Ann. § 20-3-130(C) (Supp. 1996) lists the factors the family court judge should consider in deciding whether to award alimony or separate maintenance and support. The evidence relevant to these factors is as follows: The parties were married on February 23, 1985. This was the fourth
Husband left high school to join the United States Marine Corps and saw combat in World War II. After he left the military, he obtained an associate's degree in aeronautical engineering, a pilot's license, and a number of licenses in aircraft frame and engine maintenance. He retired in 1985 as a journeyman aircraft mechanic after 38 years in the federal service.
Wife has a bachelor's degree in business administration and two associate's degrees. At the time she met Husband, Wife was a senior auditor in the civil service, GS-11, at the naval air station at Guantanamo Bay, Cuba. She was earning over $30,000 per year and receiving free housing, utilities, movies, and reduced meal prices. She had worked f
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