Quinones v. Quinones
A court can impute an earning capacity to an individual who is not employed. The parties married in 1992 and have two children together. The wife also had two additional children, and the husband raised them as his own children. The court credited the wife's testimony that in 2010, the husband allegedly became distant, secretive and drank too much, refused to engage in couple's counseling and vacated the marital residence, to live with a girlfriend. The court found the husband at greater fault for the breakdown of the marital relationship. The husband, who does not read English, earned $33 per hour, working as an ironworker, until he was discharged in 2012. Currently, he receives $490 per week in unemployment benefits. The husband reported income of $97,000 in 2007 and $71,000 in 2008. The husband expects to return to work soon, and the court found that he has an earning capacity of $60,000 per year. The wife, 51, managed the parties' finances and was an active community volunteer. Recently, she earned a bachelor's degree. The court credited the wife's testimony that after back surgeries she may earn $100 per week as a home health aide. The wife has an earning capacity of $15,000 per year. The court ordered the husband to pay alimony of $350 per week, until the wife's death, marriage, cohabitation or May 8, 2022, whichever takes place first. The court ordered the parties to sell the marital residence and awarded the wife 60 percent of the net proceeds of sale, after the payment of mortgages, taxes and certain marital debts. The court awarded each party bank accounts and investments. The court awarded the wife 60 percent of the husband's Iron Workers' annuity, which is valued at approximately $17,000, and People's retirement account, which is valued at approximately $39,000. The court awarded the wife first choice of any one of the parties' motor vehicles. The court awarded the husband second choice of any one of the parties' motor vehicles. The court ordered the parties to sell the other motor vehicles and to divide equally the net proceeds of sale.