A spouse seeking permanent alimony has the burden of proving that he or she is without fault. A spouse is not deprived of alimony when his or her actions amount to a reasonable, justifiable response to the other spouse's provocative acts.
Defendant husband sought review of the decision of the District Court, which found in favor of plaintiff wife and awarded her $200 a month permanent alimony. The husband contended that his ex-wife was not free of alimony-barring fault.
Was the trial court correct when it determined that plaintiff wife was to be awarded $200/month in alimony?
The court amended to make the award retroactive to the date of judicial demand, and as amended, affirmed. The court stated that the trial court found that the wife's conduct was a reasonably justifiable response to the husband's conduct. It could not find that the trial court erred by not finding the wife at fault and entitled to permanent alimony. The court further stated that the reasons for judgment did not specifically explain how the wife's expenses were determined to be $800 a month. The court concluded that the trial court should have made the alimony award retroactive to the filling date of the petition.
The court amended the decision of the trial court in favor of the wife in a divorce action and affirmed as amended.