Levine v. Levine

373 So.2d 1380

 

RULE:

A separated husband must support his wife and child as nearly as possible in their former lifestyle considering their needs and his income. 

FACTS:

Appellant wife sought review of a decision of the Civil District Court for the Parish of Orleans (Louisiana), which dismissed the wife's petition for separation grounded on cruel treatment and failed to award alimony, along with child support to the wife, in a separation action. A husband and wife became involved in a separation suit. The wife petitioned for separation based on cruel treatment and the husband filed a reconventional demand based on abandonment. Evidence during the court proceedings indicated that the parties disputed about the husband's weight problem and the husband's explosive temper. The husband never physically struck the wife. The parties ceased having sexual relations but resumed sharing a bed. One day the wife left without the husband's knowledge. The trial court dismissed the wife's petition and granted the wife child support, but not alimony.

ISSUE:

Is a separated husband required to support his wife and child as nearly as possible in their former lifestyle considering their needs and his income?

ANSWER:

Yes.

CONCLUSION:

The court affirmed as to grounds, but modified to allow the wife alimony. The court held that a separated husband was required to support his wife and child as nearly as possible in their former lifestyle considering their needs and his income. The wife had no lawful cause to abandon the marriage. The court affirmed the denial of the wife's petition for separation grounded on cruel treatment, but modified the award to include alimony, along with child support to the wife.

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