A court can find that alimony is subject to modification, if two physicians certify that the payor is disabled and unable to work. The parties married in 1989 and have one child. It was the husband's second marriage. The husband, 57, operates his own business from the family residence. The husband, a concrete contractor, is responsible to visit potential work sites, to provide customers with estimates, to prepare concrete forms and to pour the concrete. In 2007, the husband indicated that he earned $60,000 gross per year on his application for a loan. The court found that the husband, who has been working light duty after an operation, continues to possess an earning capacity of $60,000 gross per year. The defendant wife earns $34,320 gross per year, working at a pharmacy, and is worried about the possibility of discharge, because another company recently acquired the pharmacy. The court awarded the wife alimony of $100 per week, until the wife's death, marriage, cohabitation or Nov. 26, 2021, whichever takes place first. Alimony is subject to modification, if two physicians certify that the husband is disabled and unable to work. The court ordered the husband to maintain $50,000 in life insurance, as long as he is obligated to pay alimony. The court awarded the husband the marital residence and ordered the husband to pay the wife $94,225, as a property distribution. If the husband is unable to refinance, the court ordered the husband to sell the marital residence and to receive 100 percent of the net proceeds or mortgage deficiency. The court also awarded the husband his interest in a family property that his great-grandfather owned, a collection of antique tractors valued at $11,500, and his business interests, which include equipment valued at $18,300. The court awarded the wife the Chevy and a profit sharing plan.

VIEW FULL CASE