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Partridge v. Partridge

The trial court properly ordered husband to pay the car payments on the minor child's vehicle as part of its final decree in the parties' divorce, since husband and wife were joint obligors on the indebtedness owed on the car and it was therefore marital debt.

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James Partridge “Husband” and Bridget Partridge “Wife” were married on December 30, 1994, and thereafter had two children together. One of the children was born in 1994, and the other was born on June 5, 1997. The parties separated on September 1, 2013. Wife filed for divorce on November 25, 2013, and the parties were divorced pursuant to a June 2, 2014 Final Decree. As part of the Final Decree, the trial court ordered, among other things, that Husband “shall continue to make monthly payments on the minor child’s automobile, which is currently in her possession, until said automobile is paid in full;” and Husband “shall pay alimony to Wife in the amount of $38,460, payable as follows: a $345 per month from June 1, 2014 until June 1, 2015; b $940 per month from June 1, 2015 until June 1, 2016; c $640 per month from June 1, 2016 until June 1, 2019.” This Court granted Husband’s application to appeal pursuant to Supreme Court Rule 34 4, by which this Court shall grant a timely application from a final judgment and decree of divorce that is determined by the Court to have possible merit. For the reasons that follow, we affirm.

1. Husband contends that the trial court erred by ordering him to pay alimony to Wife. Specifically, he claims that Wife affirmatively waived any right to collect alimony in light of her testimony at the final hearing in which she claimed that she did not want alimony. We disagree.

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