Sangani v. Sangani
A court can consider a party's earnings history when it decides the party's earning capacity. The parties married in 1974 and have two children, who are 37 and 35 years old. The husband, 66, is self-employed and has worked 36 years in the life and health insurance sales business. The husband has diabetes type II and high blood pressure. Playing golf, the husband allegedly was injured when a golf ball struck his head, and he suffers from dizziness. In 2011, he earned gross receipts of $170,556 and profit of $119,108. In 2010, the husband earned gross receipts of 168,688 and profit of $118,689. In 2009, the husband earned gross receipts of $173,365 and profit of $123,666. The court found that the husband has an earning capacity of $120,000 gross per year, after business expenses. The plaintiff wife, 66, worked in real estate and retail sales until 2003 and then worked as a homemaker. The wife has high blood pressure. The wife testified that the marital relationship broke down because the husband treated her as a possession, as opposed to a partner. The husband testified that the marital relationship broke down because the wife abandoned the husband and had a relationship with another individual. The court did not find either party at greater fault for the breakdown of the marital relationship. The court ordered the husband to pay alimony of $3,000 per month, until the wife's death, marriage, cohabitation, or the husband's sale of his insurance business or the husband's 70th birthday, whichever takes place first. The court also ordered the husband to pay the wife $100 per week in pendente lite alimony for the period between July 2012 and July 2013. The court awarded the husband the marital residence, which lacks equity, and his interests in his insurance business and office furniture. The court ordered the husband to transfer $146,670 from his individual retirement account to the wife. The court ordered the parties to divide equally the ETrade and ING Direct accounts. The court awarded the wife her interests in property she received as gifts or inherited from her mother.