by James J. Gross

She was an army nurse and he was in the army. Mr. and Mrs. Donigan married in 1943. A daughter was born two years later. They lived in Baltimore until 1948 when the husband rejoined the army and was assigned to Japan.

The wife and child joined him six months later but discovered the husband had become infatuated with a girl serving with the Red Cross. Eventually they returned to the US and the husband filed for divorce. The trial judge denied alimony to the wife because he found that she as employed and self-supporting.

The appeals court viewed it differently, however, and said “The husband is about forty years of age but  prefers to travel about the country rather than work, or as his wife puts it, he enjoys play more than he does work….if the wife’s income is insufficient for her needs, the husband’s obligation is not less because he would rather be idle than industrious and peripatetic than productive, although he has the mental and physical ability to earn a living.”

Donigan v. Donigan, 208 Md. 511, 119 A.2d 430 (1956)

0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published.