- 9 - property or spousal support.5 Mr. Burkes, however, argues that judgment entries in the final divorce judgment contain specific differentiation of the items of property settlement and spousal support. Our reading of the final divorce judgment revealed that the judgment entries did differentiate between alimony that is to be property settlement or spousal support. For example, Ms. Burkes was awarded $8,160 per month for a term of years as "support alimony", and, conversely, she was awarded a 1989 Cadillac automobile as "alimony (property division)". Other examples where the judgment entry designated a division of property include a $1 million sum payable over a period of years and an individual retirement account. The term "support alimony" was used for the payment of the monthly support of Ms. Burkes, and the term "additional alimony" is used in other entries that do not contain the "property division" designation. For example, Mr. Burkes was required to make payments on the Cadillac and all other debts and charges he incurred since the parties' separation as additional alimony. Likewise, the $60,000 for Ms. Burkes' attorney's fees was designated as "additional alimony". The only entry that neither refers to alimony nor alimony with a reference to a property division is the one awarding certain real estate 5 The parties refer to Hoover v. Commissioner, 102 F.3d 842, 847 (6th Cir. 1996), affg. T.C. Memo. 1995-183, as to the state of pre-1991 Ohio law on the term "alimony".Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011