Williams v. Williams

Per Curiam. This is an appeal from a decree of Judge Pugh, sitting in the Montgomery County Circuit Court, granting the appellant a divorce a vinculo (upon the ground of a voluntary separation for the statutory period) and awarding the appellant custody of and support for a minor child, but denying an award of alimony. The only question raised by the appellant is whether Judge Pugh erred in denying alimony. In determining whether the income of the wife is sufficient to provide for her needs (Code, 1957, Article 16, Section 5), this Court in Waters v. Waters, 191 Md. 436 , 62 A. 2d 250 (1948), said that “consideration should be given to the husband’s wealth and earning capacity, the assets of the wife, the station in life of the parties, their age, physical condition, ability to work, the length of time the parties have lived together, the circumstances leading up to the divorce and the fault which destroyed the home” ( 191 Md. at 440-41 ).

We again made it clear in Faulkner v. Faulkner, 198 Md. 495 , 84 A. 2d 884 (1951), that the decision turns on the facts of each case and therefore a set standard or specific rule is impossible. The question is one of the proper exercise of judicial discretion based upon reason and law under the circumstances of each case. The Chancellor’s determination is not to be disturbed unless it is clearly