Lemm v. Lemm

This is an appeal from an order which denied a motion to terminate the obligation of Harold W. Lemm to pay Vivian J. Lemm the sum of $90 a week as alimony. Because the trial judge failed to consider the total amount of Vivian Lemm’s increased estate and considered only the earnings from her estate in arriving at his decision, we conclude that his decision constituted an abuse of discretion and must be reversed.

The record shows that the Lemms were divorced in August of 1969. At that time Vivian Lemm, following the division of the marital estate, had assets of $41,517, and Harold Lemm had…