Trial court did not abuse its discretion by imputing income to wife, for alimony purposes, from annuities and individual retirement accounts (IRAs) which were distributed to her as equitable distribution, given that Internal Revenue Service (IRS) provisions permitted her to withdraw monies from IRAs without penalty through Regulation 72(t) withdrawal plan; wife retained assets awarded to her in dissolution, just the same as if she were awarded stocks and bonds not in IRA, the assets approached 2.7 million dollars, which would yield sizeable amount of income, experts indicated that 5% was a reasonable rate of return for investments and, in fact, 5% return was very conservative, and post‑dissolution changes in parties’ positions did not render the final judgment erroneous.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com