PER CURIAM:
George Way (Husband) appeals the family court's order granting him a divorce from Mary Way (Wife), arguing the family court erred in ordering him to pay Wife $20,000 as part of the equitable division of marital property and $500 per month in alimony. We affirm as modified.
Husband and Wife married in 1978 and separated in 2005 when Husband moved out. The parties had no children but incurred a great deal of debt. Complaining of Wife's spending habits, in July 2005, Husband filed an action for separate support and maintenance, which he later amended to request a divorce on the ground of one year's continuous separation. In response to Husband's petition for temporary relief, the family court entered an order preserving the status quo, with Wife retaining temporary possession of the marital home and Husband continuing to pay the mortgage, taxes, and insurance on it.
On August 14, 2007, the family court heard arguments. Both parties filed updated financial declarations showing monthly deficits. The primary issues were the division of debt, disposition of the parties' real property, and alimony.
With regard to the marital home, the parties testified Husband received a one-acre lot of land from his family, whose land and homes surrounded the lot. For approximately eleven years after marrying, the parties lived in a double-wide mobile home on the lot. After Hurricane Hugo destroyed the mobile home, the parties took out a mortgage loan and built a
According to Husband, the county tax assessor valued the marital home and land at $73,100; adding the value of the unpermitted building, Husband valued the property at approximately $75,000. By contrast, Wife believed the home was worth $110,000 and the outbuilding was worth an additional $30,000. At the time of the hearing, the parties owed $39,146.58 on the first mortgage, payable at a rate of $524.66 per month.
In 2001, the parties took out a second mortgage loan in an effort to consolidate their then-existing debts. At the time of the hearing, the parties owed $53,873.85 on the second mortgage loan, payable at a rate of $675.54 per month.
In addition to the first and second mortgage loans, each party owed debts in his or her own name. According to his financial declaration, Husband's non-mortgage debts totaled $14,794.25, for a monthly obligation of $998.07. One of Husband's debts, for $10,794.25 to CitiFinancial, included the cost of purchasing Wife's car. Wife's financial declaration reflected non-mortgage debts totaling $29,118, for a monthly obligation of $907.
Both parties were employed. Husband reported gross monthly earnings averaging between $3,100 and $3,600 from his job as a truck driver. In addition, he received a monthly retirement payment of $401.68 from Campbell's Soup. Wife reported gross monthly earnings of $1,339 from her job as a sewing machine operator. She requested $1,000 per month in permanent alimony.
Each party expressed a desire to keep his or her own vehicle: Husband had a 1987 Chevrolet pickup truck, and Wife had a 1999 Toyota Camry.
On April 18, 2008, the family court entered an order granting the parties a divorce, dividing the marital property and debt, and requiring Husband to pay Wife alimony. The family court found Husband's monthly income was $3,201.68, and Wife's was $1,339.00. With respect to marital property, the family court regarded all property as marital because neither party possessed "substantial" non-marital property. The family court assigned a present value of -$8,500 to the marital home.
The family court also found each party maintained marital debt in his or her own name. Husband's assets and debts, which included the marital home, totaled -$31,051.68. Wife's assets and debts totaled -$20,488.00. With regard to the 2001 second mortgage loan of $57,400, the family court found $42,770 of the proceeds from that loan paid Husband's debts
Based upon these facts, the family court awarded Wife her automobile, the personal property already in her possession, any items of personal property remaining in the marital home, and $132 per month of Husband's military retirement account.
The family court required Husband to pay Wife a lump sum of $20,000 because he "received Thirty-Three Thousand Five Hundred Eighty-Eight and 00/100 ($33,588.00) in greater benefit" from the 2001 second mortgage than Wife. Furthermore, in view of Husband's receipt of the marital home and his undivided Campbell's Soup retirement account, the family court ordered him to pay Wife $500 per month in permanent periodic alimony.
"In appeals from the family court, [appellate courts] review[] factual and legal issues de novo." Simmons v. Simmons, 392 S.C. 412, 414, 709 S.E.2d 666, 667 (2011). "[W]hile retaining the authority to make our own findings of fact, we recognize the superior position of the family court judge in making credibility determinations." Lewis v. Lewis, 392 S.C. 381, 392, 709 S.E.2d 650, 655 (2011). The burden is upon the appellant to convince the appellate court that the preponderance of the evidence is against the family court's findings. Id. "Stated differently, de novo review neither relieves an appellant of demonstrating error nor requires us to ignore the findings of the family court." Id. at 388-89, 709 S.E.2d at 654.
Husband argues the family court failed to follow the proper steps for equitable distribution and erred in ordering him to pay Wife $20,000 toward equitable division. We agree
This court recently held:
King v. King, 384 S.C. 134, 143, 681 S.E.2d 609, 614 (Ct.App. 2009) (internal citations and quotation marks omitted).
In the case at bar, the family court was tasked with equitably dividing an estate comprised primarily of unpaid debt. The marital home, which is often the most valuable asset in a long-term marriage, was so encumbered by mortgages that it had a negative value. The record reflects that the most substantial positively valued assets in the marital estate were the parties' vehicles: Husband's truck, valued at $1,885, and Wife's car, valued at either $4,590 or $5,100.
In addition, the family court carefully parsed and divided between the parties the proceeds from the 2001 second mortgage loan. Though its reasoning is unclear from the record, the family court appears to have based its award of a $20,000 lump sum to Wife on the benefits the parties purportedly received from the proceeds of this loan. For the purposes of this appeal and in view of Husband's concession at oral
We find it sufficient to note that, to the extent the proceeds at issue represented a marital asset, by the time the family court ruled, it was a phantom asset. The outstanding balance of the loan exceeded the parties' equity in the property used to secure it. Accordingly, Husband could not have satisfied the 2001 second mortgage loan even by liquidating the property. Under the particular circumstances present in this case, we find it inequitable to burden him with an additional payment to Wife of $20,000.
After a thorough review of the record on appeal and the family court's order, we are unable to find any evidence supporting the award of a $20,000 lump sum to Wife. Furthermore, no evidence indicates Husband either possessed or received through equitable distribution any assets that would enable him to amass $20,000. Accordingly, we affirm the family court's division of marital property but modify its order to strike the lump sum.
Husband argues the family court erred in ordering him to pay Wife $500 per month in permanent periodic alimony. We disagree.
Alimony functions as a substitute for the support normally incident to the marital relationship and should put the supported spouse in the same position, or as near as is practicable to the same position, enjoyed during the marriage. Allen v. Allen, 347 S.C. 177, 184, 554 S.E.2d 421, 424 (Ct.App. 2001). After finding an award of alimony is warranted, the family court must ensure its award is "fit, equitable, and just." Id. The family court "may grant alimony in such amounts and for such term as [it] considers appropriate under the circumstances." Davis v. Davis, 372 S.C. 64, 79, 641 S.E.2d 446, 454
[M]ust consider and give weight in such proportion as it finds appropriate to all of the following factors:
S.C.Code Ann. § 20-3-130(C) (Supp.2011).
We affirm the award of alimony. The family court considered and adequately addressed each of the statutory factors in making its award, and the preponderance of the evidence supports its decision. Although section 20-3-130(C) requires the family court to consider and give appropriate weight to each of the thirteen factors, it does not require a full
The family court recited all thirteen statutory factors and made at least one finding of fact concerning each factor. In particular, the family court recognized although Wife would need additional training to achieve a greater income, she had "most likely reached her income potential." The family court also noted Wife's historical dependence on Husband's income for her standard of living. In addition, the family court stated it considered Husband's greater income, which was augmented by his undivided Campbell's Soup retirement account. We find the standard of living established during this lengthy marriage, the disparity in the parties' incomes and earning abilities, and Wife's dependence upon Husband's income support an award of alimony.
Moreover, the preponderance of the evidence supports the amount of alimony awarded. See Allen, 347 S.C. at 184, 554 S.E.2d at 424 (requiring an award of alimony to be "fit, equitable, and just"). The family court recorded Husband's "current income total[ed]" $3,201.68 per month. Although the family court did not indicate whether this amount included the monthly disbursement of $401.68 from Husband's retirement account, we note the family court specifically identified the retirement income as a factor in its alimony analysis.
The family court's award leaves both parties suffering from similar monthly deficits. Husband identified monthly expenses of $3,340.59, including $100 for room rent while living with his parents and $1,200.20 for payments on the first and second mortgages. As a result, he has a monthly deficit of $638.91 before taxes, which is reducible to a deficit of $538.91
The alimony award leaves Husband with a greater gross monthly income than Wife. However, after paying the monthly bills reflected in the parties' financial declarations, both parties experience similar deficits. Neither experiences a windfall. Accordingly, the award is equitable, and the preponderance of the evidence supports the family court's decision.
We find the evidence in the record does not support the family court's award to Wife of a $20,000 lump sum. Therefore, we affirm the family court's distribution of the marital estate but strike the $20,000 lump sum.
In addition, we find the preponderance of the evidence supports the family court's award of permanent periodic alimony to Wife. Accordingly, we affirm that decision.
FEW, C.J., HUFF, J., and CURETON, A.J., concur.