Matter of Marriage of Stuart ( 1991 )

RIGGS, J.,

concurring in part; dissenting in part.

I agree with the majority’s de novo approval of the division of property and award of child support and its change of the insurance policy beneficiary. I also agree with the trial court’s and the majority’s award of $1,500 per month spousal support for an initial period of four years. However, I disagree with the majority’s award of $1,500 per month as permanent spousal support and, therefore, dissent from that portion of the majority opinion.

In dissolving this 17-year marriage, the trial court awarded wife a substantial long-half property distribution.¹ She was also awarded a total of $1,000 per month in child support for two children. In addition, she will soon receive her masters’ degree, paid for in part by a $10,000 lump-sum spousal support award provided in addition to the permanent monthly spousal support. According to wife’s evidence, she will then be able to enjoy a managerial-level professional nursing career, which will pay approximately $25,000 per year. My analysis of the facts indicates that, after the first four years, $750 per month permanent spousal support would be sufficient to provide wife with a standard of living not overly disproportionate to the standard that she enjoyed during the marriage.

For these reasons I would award wife $750 per month permanent spousal support after the initial term of four years at $1,500 per month.

1 According to the trial court’s findings on values, husband received $71,755.94 and wife received $117,802.94.