Conover v. Conover

Marbury, J., delivered the opinion of the Court. This a¡)peal is from a decree of the Circuit Court for Anne Arundel County by Judge Childs granting the appellant, Paul J. Conover, a divorce a vinculo matrimonii from the appellee, Esther A. Conover, on the ground of voluntary separation for the statutory period. The decree also ordered that the plaintiff pay the defendant $135 per month as permanent alimony; that he pay the defendant’s counsel fees of $300; and that he pay the costs of the proceedings below. The appellant appeals only from that part of the decree ordering him to pay $135 per month as permanent alimony.

The Conovers were married on November 10, 1956. At that time both were members of the Marine Corps. No children were born of the marriage. Mrs. Conover resigned from the service at the request of her husband on April 9, 1962.

Mr. Conover retired from the Corps during the summer of 1964 and in December of 1964 the couple separated. On November 16, 1966, almost two years after the separation, Mr. Conover filed a bill of complaint seeking a divorce a vinculo matrimonii and on January 26, 1967, Mrs. Conover filed a cross bill praying for alimony, maintenance, and support. The question now before us is whether the trial judge abused his discretion in awarding the wife permanent alimony in the amount of $135 per month. The basis for this award as found by the trial judge was that the income of the wife was insufficient to care for her needs.

The testimony taken at the trial below shows that the appellant’s yearly income is between $11,480 and $12,920. It further shows that the appellee’s income is $6,000 a year, or $325 per ³²⁴ month after taxes. She testified that her expenses for rent, utilities, automobile payments, gasoline and food totaled $298 per month. This list of fixed expenses did not include clothes, insurance, medical expenses, etc. She testified that she would require $135 additional per month to meet normal living expenses and that even this amount would not