Danny L. Holley v. Wanda S. Holley

Summary

The Mississippi Supreme Court reviewed whether a chancery court awarded excessive alimony in the divorce of Danny and Wanda Holley. The court held that the $750 monthly periodic alimony award and $500 monthly arrearage payment were supported by the evidence and affirmed the judgment.

Holdings

1. The $750-per-month periodic alimony award was supported by the evidence and was not manifestly erroneous or excessive.
2. The chancellor properly averaged Danny's income over the six years preceding trial because his commission-based income fluctuated substantially.
3. Periodic alimony may not be subject to a fixed time limitation and ordinarily terminates upon the recipient spouse's remarriage or either party's death; the award was therefore properly ordered to continue until one of those events.

Questions Presented

1. Whether the chancery court's award of $750 per month in periodic alimony was excessive and unsupported by the evidence.
2. Whether the chancery court appropriately calculated Danny's income by averaging his income over the six years preceding trial.
3. Whether the chancery court properly awarded periodic alimony without a fixed time limitation and with termination upon remarriage or death.

Disposition

affirmed