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S09F1667. MOORE v. MOORE
State: Georgia
Court: Supreme Court
Docket No: S09F1667
Case Date: 02/08/2010
Preview:Final Copy 286 Ga. 505 S09F1667. MOORE v. MOORE. Nahmias, Justice. Pursuant to this Court's Pilot Project for divorce cases, Ricky Moore appeals from the entry of the final judgment of divorce from Dianne Moore. The trial court ordered Mr. Moore to pay Ms. Moore "$400.00 per month for 100 months for a total alimony of $40,000.00," and provided that the obligation would not terminate upon the death or remarriage of either spouse. Mr. Moore contends that the trial court erred in imposing this obligation because Ms. Moore did not seek alimony in her answer or counterclaim or at trial. We conclude, however, that the award actually constitutes property division, not alimony. 1. While not seeking alimony, Ms. Moore did request an equitable division of marital property, which includes marital debt. The couple had little to divide except about $53,000 in marital debt. The principal issue at trial was how to divide that debt, about $40,000 of which was incurred by the parties in Ms. Moore's name during the course of the marriage. After testimony on the 1

issue and discussions between the trial court and counsel, the court stated that it would leave Ms. Moore responsible for the $40,000 debt in her name, but that, because of what the court found to be an "obvious disparity in incomes and earning capacity," it would require Mr. Moore to pay "alimony" of $40,000
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