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Dykman v. Dykman

253 S.W.3d 23 (Ark. App. Ct. 2007)

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Dykman v. Dykman

Court of Appeals of Arkansas

253 S.W.3d 23 (Ark. App. Ct. 2007)

Facts

Roscoe Dykman and Mrs. Dykman were married. Mrs. Dykman was a psychiatrist and earned a significant salary, much of which she set aside for Roscoe to use for marital purposes, such as paying down the couple’s debt. Rather than paying down the debt, however, Roscoe used the money to buy lavish gifts for various mistresses that he had. A few years before the divorce action was filed, Mrs. Dykman sustained injuries that resulted in the inability to speak clearly. This limitation inhibited Mrs. Dykman's work as a psychiatrist. Mrs. Dykman was fired from her job as a result. Mrs. Dykman decided that she would open her own psychiatry practice, as this would give her the ability to take on more of an administrator role, which she could do despite her physical limitations. The parties filed for divorce. At the time of the divorce proceeding, Mrs. Dykman had no income, because she had not yet established her psychiatric practice. The trial court found that Roscoe’s extramarital affairs and the funding of those affairs with marital assets meaningfully related to Mrs. Dykman’s need for alimony, as Roscoe had misappropriated the money Mrs. Dykman had previously sent to pay down the marital debt. As a result, the trial court ordered Roscoe to pay Mrs. Dykman alimony. Roscoe appealed.

Rule of Law

Issue

Holding and Reasoning (Pittman, C.J.)

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