Sherry Juanita Carter Berkshire v. Edwin Carl Berkshire, III

The primary issue in this divorce case is whether the trial court erred in failing to find that Sherry Juanita Carter Berkshire (Wife) was entitled to long-term alimony in futuro from Edwin Carl Berkshire, III (Husband). Instead, the court awarded four months of transitional alimony. Wife, who was sixty at the time of the divorce, has numerous health problems and is totally and permanently disabled. Husband, who is twenty years her junior, is able-bodied and works as an automobile mechanic, with an earning capacity of at least $62,000 per year. Taking into account the relevant statutory factors and the totality of the circumstances, we modify the trial court’s alimony judgment to make it an alimony in futuro award in the amount of $150 per week. We decline Wife’s request to increase the trial court’s award of attorney’s fees to her, but we do award Wife a reasonable attorney’s fee for professional services rendered, plus expenses, in connection with this appeal, in an amount to be determined by the trial court on remand. Further, we modify the trial court’s decree requiring Wife to refinance the mortgage on the marital residence. As modified in the ways indicated, we affirm the trial court’s judgment.