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DIVORCE 58: The court found defendant largely at fault because of his infidelity.

The parties were married for 30 years and at the time of the divorce had three adult children. Defendant was a commercial pilot throughout the marriage and typically flew to international destinations. Plaintiff she became a stay-at-home mother for most of the marriage. At the time of the divorce, she was working full-time as an activity director at a nursing and rehabilitation facility.


Defendant testified that he had engaged in long-term infidelity since 2004 and had been in a relationship with another woman in Japan for the past six years.

Determination of Property Division

The parties acquired substantial assets during their marriage, including several investment accounts and parcels of property. The most disputed property was a resort. Defendant received the property by stipulation.

In determining the property division, the trial court found that several factors favored plaintiff. The court noted that plaintiff had limited earning capacity and was near the age of retirement, so she could not start a lucrative career. Comparatively, defendant had significant earning power and was eligible to seek a promotion to captain, which would increase his pay. The court also found that defendant was largely at fault for the dissolution of the marriage because of his infidelity. The court determined that a 55/45 split of the marital estate in favor of plaintiff was appropriate considering the relevant factors.

Spousal Support

The trial court also found that an award of spousal support was appropriate considering the relevant factors. The court noted that although plaintiff was awarded substantial assets from the property division, 90% was held in retirement accounts rather than presently available funds. The court found that given plaintiff’s limited income, her need to purchase a new home and significant attorney expenses, an award of $6,000 monthly spousal support was appropriate until defendant turned 65, when it would be reduced to $1,500.

Experienced Property Division During Divorce

Financial issues are often the biggest concern for individuals and families who are facing divorce.  Aldrich Legal Services provides guidance with all issues involving the division of property, assets and debts incident to divorce.

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