Lopiano v. Lopiano

752 A.2d 1000 (1998)

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Nature of the Case

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Facts

H and W were married on May 6, 1967. H was a member of the United States Marine Corps, and W was working as a secretary. H served in Vietnam, participating in extensive engagements with the enemy and earning several decorations. H was discharged. They had two daughters, both of whom were adults at the time of the dissolution. H eventually started his own business, Excel Tree Service. H was abusing drugs and alcohol, and the marriage had difficulties. H was diagnosed as having chronic posttraumatic stress disorder resulting from his military service. He was found to be 100 percent disabled and entitled to a Veterans' Administration award. H was separated from W and his daughters. In February 1992, while at work, he sustained severe physical injuries causing him to be 100 percent physically disabled. The initial award was $2,820,000. The judge reduced the award leaving H with $800,000. H appealed the matter. W was very supportive despite H’s bad behavior. Eventually, they divorced. The trial court rejected H's assertions that the marriage had effectively ended fifteen years earlier, concluding that the parties were in a dysfunctional, bad, unhappy marriage in which H continued to seek, and W continued to provide, help and support. The court found that W in good health and with steady employment. H received Social Security, veteran’s disability, workers’ compensation for a grand total of $957.45 weekly. The court found the injury award was property subject to equitable distribution. H was ordered to pay W permanent alimony of $100 weekly or until H pays W 25 percent of the net injury recovery. H appealed.