(specially concurring).
It appears that the Tates were married for 20 years lacking a few months. Willie Ruth married J.B. when she was 20 years of age and was 15 years younger than J.B. She was never previously married. Willie Ruth helped raise 9 children ranging in ages from 5 years to 14 years who were not the issue of this marriage but were the children of J.B.; additionally, she helped raise the 3 children of this marriage.
When this case was tried, Willie Ruth was unemployed. Her previous employment was all unskilled. Her employment record reveals poor-paying jobs as a school-crossing guard, a waitress, and a cleaning lady. Obviously, the trial court believed that she needed money to fend for herself in the world.
Willie Ruth, per testimony herein, has diabetes and high blood pressure which she controls with medication. Therefore, she is not in the best of health and these two health problems were serious matters tak*312en into consideration by the trial court m awarding $200 per month alimony.
There was very little property to divide in this case and so Willie Ruth has no significant estate to draw upon to help her fend as she fulfills her life expectancy. Obviously, the alimony award is moot if she remarries. Also to be considered is the fact that J.B. may petition for a reduction in alimony if he is unable to pay the $200 per month alimony which must be established to the trial court’s satisfaction. J.B.’s finances are such that he can pay this alimony to prevent Willie Ruth from being a burden upon the public coffer.
The alimony award granted by this trial court has, as its basic purpose, to help provide food, clothing, habitation, and other necessaries for support. Certainly, this alimony award is not penal in nature. Willie Ruth has established the marriage, that she needs and is entitled to support and the husband is able to provide it.
As recently as January 1986, writing for this Court, this author wrote:
She should not become a public charge. She is fifty-two years old, has a limited education, and remote employment experience. That alimony, however, must be based upon what Elizabeth should have, that is, the reasonableness of her needs, and that which Bill can and ought to pay. Grant v. Grant, 5 S.D. 17, 57 N.W. 1130 (1894).
Straub v. Straub, 381 N.W.2d 260, 262 (S.D.1986).
This author notes the reliance in Straub upon Goehry v. Goehry, 354 N.W.2d 192 (S.D.1984), a unanimous opinion, also written by this author. In Goehry, at 195 thereof, it is stated:
Further, it is quite clear that husband has the greater income-producing capacity; his health, his ability to earn a living, and his business all verify this fact. While wife has a home, she is unable to work at this time and is in poor health. Again, the trial court’s findings are not a clear abuse of discretion with regard to alimony and, thus, will not be set aside. Krage [v. Krage, 329 N.W.2d 878, 879 (S.D.1983)].
Considering Grant v. Grant, 5 S.D. 17, 57 N.W. 1130 (1894), Goehry, Straub, and the factors outlined in Morrison v. Morrison, 323 N.W.2d 877 (S.D.1982), I cannot venture nor hold that there was a clear abuse of discretion in awarding alimony herein. The trial judge saw this lady’s need, knew from testimony that her ex-husband could pay the support, and realized that she had poor health/no job/and very few assets. As I expressed in Herndon v. Herndon, 305 N.W.2d 917, 920 (S.D.1981) (Henderson, J., concurring in part and dissenting in part):
In conclusion, I must agree with the Kentucky Court of Appeals when it stated that “[theoretically, alimony or maintenance is based in part on a consideration of the needs of the parties as well as their respective abilities to meet them.” Gann v. Gann, 347 S.W.2d 540, 542 (Ky.App.1961).