Baker v. Baker ( 1975 )

HODGES, Vice Chief Justice

(dissenting) :

I disagree with that portion of the majority opinion that allowed the appellee $24,000 alimony.

At the request of the appellant, the ap-pellee quit work when they were married, and after seventeen years of marriage, at the age of fifty, she is now ill-equipped for any gainful employment. On the other hand, appellant acquired a college degree during the marriage, earned promotions in the service, and retired as a Lieutenant Colonel at the age of 39 with a retirement pay of $812.85. Although he was not employed at the time of trial (he just recently retired), the evidence shows, by his own testimony he was capable of earning a salary of $1,250.00.

Considering these factors, the amount of $24,000 is woefully inadequate. In my opinion, the appellee should be awarded alimony in the amount of $48,000, payable at $400.00 per month, which would terminate upon her death or remarriage.