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Appeals court hears challenge to unequal ESOP and SARs division and 15‑year alimony calculus
Summary
In Jeanette McCarthy v. Arthur McCarthy (24P425) the panel reviewed a trial judge’s asymmetrical division of ESOP and SARs retirement assets and a novel 15‑year averaging approach to set alimony; appellant argued key factual findings were clearly erroneous and that the division produced an inequitable result.
The appeals panel heard argument in Jeanette McCarthy v. Arthur McCarthy, docket 24P425, a divorce and asset-division appeal focusing on the judge’s treatment of employer retirement benefits and the calculation of alimony.
Appellant’s argument
Sandra Lundy, representing the wife, asked the panel to find that the trial judge’s factual finding that "the parties’ marriage had been broken down for several years prior to separation" was not supported by the record and that the court’s…
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