Brawman

This is an appeal from that portion of an interlocutory decree of divorce which denied appellant wife alimony, although granting her a divorce on the ground of extreme cruelty on her cross-complaint.

At the time of the decree the parties had been married 21 years. Respondent husband was then 53 years old. Although appellant’s age was not stated, we would deduce from the testimony and duration of the marriage that she is, at least, in her middle forties. The couple have two daughters who, at the time of the trial, in November 1960, were 19 and 16 years of age, and they have a son, 7.

Respondent husband is a lawyer, had been in practice for one year when the couple were married. All their property was community. Accepting respondent’s valuations, the property substantially exceeds $100,000 in value. This does not include the law practice accounts receivable or good will, on which no valuation was placed by the court in dividing the property.

Respondent during the 22 years has built up a lucrative law practice. In the four years next preceding the trial he had averaged a net of $24,172 before taxes. In addition, an apartment house (awarded to respondent under the decree) brings in…