Saia v. Saia

On appeal from a judgment of divorce nisi, the husband challenges the portion of the judgment ordering him to pay, as alimony, an amount equal to twenty-five percent of the monthly disability retirement payments he receives. The husband contends that the judge impermissibly based the alimony award on expenses incurred by the wife to support the couple’s two adult children. We agree that the judge based his alimony award on an impermissible ground and we vacate that part of the judgment.1 However, as the son was eligible for child support and it is apparent that the judge awarded support…