Attorney Sheeley obtained a favorable result on temporary motions for alimony and attorney’s fees on behalf of his client, the Wife and Mother of a minor child, in a newly filed dissolution of marriage case.
In a pending divorce in which the parties continued to reside together, Wife was unemployed, Husband was employed and paid all household bills, and the parties shared one (1) minor child. Wife alleged that Husband controlled family finances, limited her access to financial resources, and expended considerable funds for his own benefit, including purchasing and maintaining a collectible Ferrari automobile. Wife testified she was forced to borrow funds from family to hire her divorce attorney, and she was unemployed but currently seeking employment. Husband testified he paid most household expenses, Wife spent excessively, and, consequently, there should be no alimony. Husband proposed that he only contribute nominal attorney’s fees ($5,000) at this time for Wife’s benefit, and that this payment must be treated as an advance on any property settlement he must later pay to the Wife (providing him with a “credit” for such payment).
Following testimony of the parties and cross-examination of the Husband, the Court found credible Wife’s allegation that Husband had total control over the parties’ assets. The Court also found it credible that both parties had engaged in discretionary spending, however Husband had greater capacity to do so and had done so with greater latitude.
Despite Husband paying most if not all the parties’ living expenses, the Court awarded alimony to Wife in the amount of $300 per week for her additional personal expenses. Additionally, after careful consideration of necessary factors when contemplating an award of counsel fees in a divorce case, the Court awarded attorney’s fees to Wife in the amount of $20,000, and ordered Husband pay an additional $5,000 for a Guardian Ad Litem to be appointed for the minor child, neither of which would entitle him to credit in the final property settlement – a result that shows Halloran Sage’s dedication to our clients and ability to secure access to financial resources.