Richard Alan Pearson v. Christen Creighton Pearson

Syllabus

This is a divorce case. Husband filed for divorce after 20 years of marriage. Following a three-day trial, the trial court determined Wife could not be rehabilitated and ordered Husband to pay $9,700 per month in alimony in futuro. We conclude that the trial court erred by failing to consider Wife's earning capacity in setting Husband's alimony obligation. Accordingly, we modify Husband's alimony obligation by the amount of Wife's earning capacity as determined by the trial court. Affirmed as modified.