RAINWATER V. RAINWATER 869 P.2d 176 (1993) CASE BRIEF

RAINWATER V. RAINWATER
869 P.2d 176 (1993)
NATURE OF THE CASE: Husband (H) sought review of a decision, which awarded spousal maintenance to Wife (W) until her death or remarriage.
FACTS: W petitioned to dissolve the parties' twenty-two-year marriage. W through much of the marriage worked full time outside the home. In the early years, she helped support H while he worked toward an engineering degree. In later years, she contributed socially and emotionally to H's career. W maintained the home and was primary caretaker for the parties' two children, who now are grown. In the year of the divorce and for two years prior, H's earnings exceeded $ 100,000. W was over forty years old and was working toward a Bachelor of Arts degree, but neither party showed the extent to which her earning capacity would be enhanced by that degree. The trial court estimated W's after-tax income from labor and pre-tax income from investments as $20,000 per year and her reasonable needs as $41,000 per year. The trial court awarded W $1900 per month for three years or until one year after completion of her B.A. degree, whichever should first occur, and $1200 per month thereafter till her death or remarriage. H appealed the award.

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