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MARY B. SKINNER v. WILLIAM E. SKINNER

MAY 20, 1987

MARY B. SKINNER
v.
WILLIAM E. SKINNER



BEFORE HAWKINS, P.J., AND ROBERTSON AND ANDERSON, JJ.,

ANDERSON, JUSTICE, FOR THE COURT:

This is an appeal from the Chancery Court of Adams County wherein the chancellor granted appellant a divorce on the grounds of habitual cruel and inhuman treatment. No objection is made to the portion of the decree granting the parties a divorce. Appellant does assign as error the amount and duration of alimony, the nature of the alimony award and certain findings of facts made by the chancellor.

We do not deem it necessary to address the finding of facts. However, we have reviewed the other issues and find it necessary to affirm in part and reverse in part.

 FACTS

 William and Mary Skinner were married in 1959 and have two daughters, one an adult and the other a sophomore in college at the time of this action. The parties separated in January 1985. At the time of their marriage, the parties owned no realty or any significant assets. Appellee was working as a pharmacist earning $500 per month. Appellant had completed one year of college and had no other training. She held various jobs outside the home at the beginning of the marriage, but quit after the birth of their first child. During the course of the 27-year marriage, the appellee acquired several businesses and certain real property. This included sole ownership of a corporation owning two drugstores, a house, a newly formed medical supply company and other properties. His assets totalled between $700,000 and $900,000, all accumulated during the marriage. Appellant assisted her husband in the business, served dutifully as a housewife and mother, signed mortgage notes to acquire loans for the businesses and served on the boards of the businesses. Her total assets at the end of the marriage are approximately $40,000, reflecting her one-half interest in the marital home.

 The chancellor found appellee's net worth to be $712,626. The provisions of the court's award relevant to this appeal are as follows:

 1. Accordingly, the Court does hereby order William E. Skinner, Plaintiff, to pay to Mary Lynn Skinner, Defendant and Cross-Plaintiff, by way of alimony the sum of $2,158.52 per month, due and payable on the first day of each month commencing October 1, 1985, with the understanding that Mrs. Mary Lynn Skinner will pay the house note, house insurance, and ad valorem taxes on said property henceforth, and which alimony

 shall terminate upon the first of the following occurrences: (1) the death of Mary Lynn Skinner, or (2) the remarriage of Mary Lynn Skinner, or (3) upon Mary Lynn Skinner attaining the age of 65 years.

 2. Upon Mary Lynn Skinner attaining the age of 65 years, and within sixty (60) days thereafter, William E. Skinner, Plaintiff, shall pay unto Mary Lynn Skinner, Defendant and Cross-Plaintiff, the sum of $75,000.

 * * *

 4. Mrs. Mary Lynn Skinner is hereby awarded by way of equitable distribution of property the 1983 Lincoln automobile, but title shall not be transferred to her on said vehicle until such time as she trades in said vehicle on another vehicle.

 The chancellor further stated that he would cut the drugs, cosmetics, notions and supplies allowance from $160.00 to $80.00 with the understanding that Mrs. Skinner may purchase up to $160 per month in drugs, cosmetics, notions and supplies from Medical Arts Pharmacy at a fifty percent (50%) discount.

 These are the provisions from which appellant's complaints originate.

 This Court has frequently addressed both the issues of alimony award and of property division. In Brabham v. Brabham, 226 Miss. 165, 84 So. 2d 147, 153 (1955), the Court set forth a list of ...


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