Logan v. Tompkins
A court can find one party at greater fault for the breakdown of the marital relationship. The parties married in 1986. It was the husband's second marriage. The husband, 65, lost his construction job when his employer dissolved his company. The husband, who has sight in only one eye, as a result of a stroke, as well as significant hearing and respiratory issues, elected to collect Social Security at age 62. Currently, he receives $230 net per week. The wife, 52, earns $807 net per week as a team manager at MidState Medical, where she has worked 25 years. Allegedly, the husband engaged in conduct intended to intimidate the wife, such as leaving a gun on the table, pointed at the chair where the wife usually sat. The husband admitted that sometimes he refused to talk for lengthy periods or slammed doors and claimed that that was normal. The husband denied that he intended to intimidate the wife with the gun and, because the wife objected, he was careful not to leave the gun on the table again. The court found the husband did not attempt to remedy communications problems, apparently because they did not bother him. At one point, the husband painted the words 'The Roses' on the front door. The court found the husband at greater fault for the breakdown of the marital relationship. The court ordered the wife to pay alimony of $200 per week, until the husband's death, marriage or Sept. 1, 2025, whichever takes place first. The court awarded the wife the marital residence, which has a fair market value of approximately $103,000, and ordered the wife to pay the husband $51,500 within 60 days. The court awarded the husband 40 percent of the wife's retirement from Midstate Medical, valued as of the date of judgment. Each party was awarded accounts and investments. The court ordered the parties to hold each other harmless from debt. The court awarded the husband, who is a skilled carpenter, his woodworking tools and firearms. The court awarded the wife a motor vehicle and the husband the GMC truck.