Wilburn v. Wilburn
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The parties lived together as husband and wife for thirty years, enjoying a comfortable standard of living and raising two sons. Following the onset of serious health problems for both, they ultimately separated, and it became the task of the family court judge to identify and divide their rather estate and dissolve their marriage in an equitable fashion. Among other issues, the issue before the Supreme Court on appeal in this matter was whether trust distributions could be marital property, and after review, the Court held that they can in certain limited circumstances. Furthermore, while the Court affirmed the majority of the family court's equitable division, the Court reversed the inclusion of one tract of timber as marital property and the reservation of alimony to the wife. The Court modified that portion of the order which required the husband to pay for the wife's attorney's fees and costs.
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