by Stephanie L. Wilson, Stern & Edlin, P.C. and
Corey A. Aitken, Stern & Edlin, P.C.

 

Husband filed for divorce against Wife, on December 10, 2008, after twenty years of marriage. The parties' marital estate consisted primarily of commercial property holdings and corporate entities, in which Husband had an interest. After a final trial, the court awarded Wife $500,000.00 as her share of the equitable division of property, to be paid in two equal installments, and $200,000 in lump-sum alimony, to be paid in monthly installments of $3,500.00 for 5 years.

Husband appealed the court's property division on multiple grounds. First, Husband asserted that the award was inequitable, alleging that the lower court failed to determine the liabilities associated with the marital assets and did not make any findings as to the value of the marital estate as a whole. The Supreme Court of Georgia reviewed Husband's claim under the "any evidence rule" and determined that the evidence supported the lower court's ruling. In fact, Husband had "obscured his financial status by constantly maneuvering properties and assets and manipulating financial information"; he claimed, with questionable support, that his net worth had decreased from $11.3 million to $2.6 million between April 1, 2008 (9 months prior to his filing for divorce) and September 30, 2009; and, he had cross-collateralized properties by tying them together, and, thus, making an award of property in kind insufficient. Therefore, there was evidence to support the lower court's award to the Wife.

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At last month's Atlanta Bar Family Law Section monthly breakfast held on April 11, 2013, Mary Margaret Oliver presented a preliminary report on 2013 General Assembly Legislation affecting those who practice family law.  While there is a long list of preliminary house bills and senate bills, Ms. Oliver discussed a few in particular.