In re the Marriage of Fletcher

Alimony is alimony. Why is the majority trying to avoid the obvious? The award of “lump sum alimony” payable in monthly installments from husband to wife clearly is spousal support and not a property settlement distribution. Because I believe that the trial judge correctly decided the issue, I dissent.

The majority points out that labels are not dis-positive in this regard but that the controlling issue is the nature and purpose of the award. In examining that issue, this court has tended to conclude that an award is spousal support when the following factors are present: (1) it is labeled…