A. L. M. v. D. E. M., 2005 Del. Fam. Ct. LEXIS 91
Apr 22, 2005OUTCOME: The court deferred the issue of alimony. The wife retained her right to seek alimony in the future. The court awarded the wife 50 percent of the retirement assets and 55 percent of other marital assets.
The parties agreed to divide the marital household furnishings using the two-list approach. The court deferred its decision on the issue of alimony under Del. Code Ann. tit. 13, § 1512 because the part ... ies stipulated that they currently resided in the same home and that the wife was not dependent on the husband. The wife's appraiser valued the marital home at $ 425,000. The husband's appraisal left out a comparable sale and was not in evidence. The parties agreed to value the home at $ 425,000. The wife argued that the husband's car had a "NADA value" of $ 7,500 but did not submit evidence of that value. The husband testified the car had a value of $ 5,000 because of a car accident but submitted no appraisal. The court valued the car at the average of the two parties' opinions. The wife wanted 60 percent of the marital assets and the husband wanted 50 percent. The husband had earned twice as much as the wife before his employer downsized. The husband still earned more and had a greater ability to accumulated savings. After considering Del. Code Ann. tit. 13, § 1513 factors, the court awarded the wife 50 percent of the retirement assets and 55 percent of other marital assets.
