In Re Marriage Of Larocque

406 N.W.2d 736 (1987)

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Nature of the Case

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Facts

H and W were married in 1959. They filed for divorce in 1982. When the divorce was granted W was 46, H was 48, and only one of their children was still a minor aged 17. W had a bachelor's degree in psychology in 1959 and during the first two years of marriage held jobs as a secretary, clerk, and teacher. During the rest of marriage, she worked part-time as a substitute teacher. At the time of divorce, she was not certified to teach in a public school. During the marriage, she raised five children and assisted H in various election campaigns. Her total income from employment outside the marital home was $5,660. H got a law degree in 1962 and worked as a lawyer. He was eventually appointed as a judge to the Appeals court. When the divorce was started, his income was about $50k, and when it was granted, his income was $60k. His earnings during marriage totaled over $550k. The marital property was not great or extensive, and neither brought significant assets with them when they were married. The court divided the property (page 794 Clark 6th middle paragraph). In awarding maintenance, the court found that W could work as a teacher for an entry-level salary of $12,000 and that this would provide her with a standard of living reasonably comparable to the one she enjoyed during marriage, as the median annual income was just $18,000. The circuit court gave her maintenance; that was to allow her to obtain her certification to enhance her earning ability. W got $1,500 per month for five months, and then $1,000 per month for another 13 months. The court of appeals affirmed. This appeal resulted.