In Re Marriage Of Dwyer

825 P.2d 1018 (1991)

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Issues

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Nature Of The Case

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Facts

H and W divorced after 24 years of marriage Before the marriage, wife had been certified as a school teacher in another state; however, she had been out of the workforce for many years. At the time of dissolution, wife anticipated that she could obtain her Colorado teaching certificate and become self-supporting within five years. The trial court ordered alimony with an express proviso to retain jurisdiction after the five-year term was finished. W filed a motion to continue the maintenance. The trial court found that wife's inability to obtain employment as a teacher resulted from a combination of factors, including an overabundance of teachers, wife's age (52 years old), and cutbacks in public school budgets. The court found that wife had unsuccessfully filed numerous job applications for alternative employment. Although wife had just completed cosmetology training, her earnings were minimal, and her future annual earnings would approximate $12,000 if and when she became established as a cosmetologist. The court awarded wife continuing maintenance of $900 per month, a reduction from the previous $1,000 per month award. H appealed.

Holding & Decision

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Legal Analysis

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