In Re Marriage Of Olar
747 P.2d 676 (1987)
Issues
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Nature Of The Case
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Facts
W and H were married in 1970 and separated in 1982. When the couple separated, W was unaware that she was pregnant with their only child. By the time the decree was issued, W was an unemployed full-time student with an eleven-month-old child living with her parents. H was earning $35,000 per year as a laboratory manager. At the time of their marriage, W had graduated from high school, and H was in his first year of undergraduate studies. During their 12-year marriage, all except for one year was spent by H as a full-time student. H was working towards his doctoral degree in physiology and biophysics. W worked full time during the marriage and was a bookkeeper with a gross income of $1,200 per month. After the dissolution, W moved in with her parents who provided her and the child with room and board for $400 per month which the parents advanced her as a loan to be paid back when possible. W was attending school. H's actual educational costs were financed by veteran's benefits, tuition waivers, student loans, fellowships, and graduate study stipends. H also got an $8,000 inheritance, and that was used as a down payment on a mobile home. They had little or no marital assets. W filed for dissolution and claimed that she was entitled to maintenance based on her working to provide H with his doctoral degree. W claimed an agreement with H whereby he would support her to get a college education after his was complete. H denied this agreement and claimed that his degree was not marital property and W was capable of supporting herself. The trial court held that W was not eligible for maintenance. W got $350 per month child support. W appealed.
Holding & Decision
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Legal Analysis
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