Kolbach v. Kolbach

.WILBUR, Justice

(concurring in part and dissenting in part).

[¶ 27.] I write to dissent on the issue of alimony. It is hot for this Court to sit as a fact finder and substitute its judgment for that , of the circuit court. Our standard of review does not examine whether we would have made the same decision. In fact, SDCL 25-4-41 gives the circuit court discretion to grant “suitable allowance to” a spouse “as the court may deem just, having regard to the circumstances of the parties Tepresented[.]” Yet, here, the majority opinión disregards the court’s discretion. It also disregards “[o]iir…