Ex Parte Foley

In 1999, after 28 years of marriage, Jerry Foley ("the husband") and Peggy Foley ("the wife") were divorced by the Montgomery Circuit Court, and a portion of the marital property was divided in accordance with an agreement entered into by the parties. Following the presentation of ore tenus evidence, the trial court divided the marital property that was not included in the agreement and the debts of the marriage and awarded the wife $960 in monthly periodic alimony.

The wife appealed, arguing that the trial court's award of periodic alimony was insufficient and that its division of the marital…