Caldwell v. Caldwell

On cross complaints for divorce, judgments nisi were entered for each party on the ground of cruel and abusive treatment. The judgments awarded alimony and counsel fees and expenses to the wife and ordered a division of marital assets. See G. L. c. 208, §§ 34 & 38. The husband appeals from both judgments, alleging that the probate judge (1) abused his discretion in awarding alimony, counsel fees and expenses to the wife, and in the division of marital assets, and (2) made certain clearly erroneous findings of fact.

1. An award of alimony and division of property under G. L. c. 208, § 34, is…