Bauman v. Bauman

Horney, J., delivered the opinion of the Court. This appeal challenges the authority of the chancellor to postpone the commencement of weekly support payments he had allowed in a suit for separate maintenance. After having lived with his wife for about thirty years, the husband deserted her. He left a note saying that he was taking the car and that she could have “all else.” A day or so later, the wife withdrew the more than $4000 she and her husband had deposited in a joint savings account and redeposited the money in the name of herself and her sister.

A joint checking account containing approximately $125 was also closed and reopened in the name of the wife alone. However, the ownership of thirty-two United States Savings Bonds (having a maturity ³⁸¹ value of $1025) registered in both names was not altered. The wife, who has arthritis in her hands and is unable to work, continues to reside in the house owned by the parties as tenants by the entireties. The husband received a total of $8372 from the United States Army in 1963, but his net weekly income was $130.

A month after the separation, the wife, alleging desertion, filed suit for separate maintenance and counsel fees. A cross-bill filed by the husband for an absolute divorce was subsequently dismissed. The testimony at the hearing was virtually undisputed, but when the wife on, cross-examination was asked about the joint bank accounts of the parties, an objection was interposed. The chancellor, ruling that such evidence was admissible, stated that he had to know what the wife had in order to fix the amount she should be allowed for her support.

At the conclusion of the hearing, the chancellor awarded the wife $50 per week for support and maintenance, but, by allowing the husband a credit equal to approximately one-half of the savings account (“40 weeks at $50 per week”) because the wife had obtained sole possession and ownership thereof, the commencement of the support payments was postponed until April 5, 1965. [Neither the amount of the checking account nor the value of the savings bonds was considered by the chancellor in determining when the support payments were to commence.] The wife contends that the postponement had the effect of dividing the personal