Robert E. Covington vs. Barbara Covington

In this divorce case following a twenty-one year marriage, the trial court designated Barbara Covington ("Wife") as primary residential parent, distributed the marital property, and awarded Wife transitional alimony. Robert Covington ("Husband") appeals claiming the trial court incorrectly determined that the entire amount of each party's pension was separate property. Husband also appeals the award of transitional alimony, claiming that both the amount and the length of time he was ordered to make payments were excessive. Wife claims she should have been awarded rehabilitative alimony after the transitional alimony ended. We hold that the trial court incorrectly classified as separate property those portions of the parties' pensions earned during the marriage. We also conclude, however, that the overall property division nevertheless was equitable, and so we find the error to be harmless. We agree with Husband that the amount of transitional alimony awarded was excessive and modify the award. As so modified, the judgment of the trial court is affirmed.