Zaleski v. Zaleski
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In December, 2010, Carolyn Zaleski (wife) filed for divorce from Stephen Zaleski (husband) on the ground that the marriage was irretrievably broken. A judgment was ultimately entered granting a divorce nisi on that ground, and awarded rehabilitative alimony to the wife, divided the marital assets, and incorporated a stipulation of the parties regarding the custody and education of their two children. Wife appealed, challenging that portion of the judgment ordering the husband to pay rehabilitative alimony rather than general term alimony. She also challenged the judge's exclusion of the husband's bonus income from the calculation of the amount of the alimony award; the requirement that she maintain policies of term and whole life insurance as security for her obligations under the divorce judgment; and the division of marital assets, including the allocation of marital debt. Upon review, the Supreme Court concluded that the trial court did not abuse its discretion in awarding rehabilitative alimony, and that the allocation of debt and division of property between the parties was warranted by the evidence. Nonetheless, the Court remanded the case for further proceedings based on its determination that the trial court erred in not including all of the husband's income in the calculation of the amount of alimony, and that there was no basis in the judge's findings to require the wife to maintain life insurance policies as security.
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