In re the Marriage of Sundstrom
In re the Marriage of Sundstrom
Opinion of the Court
delivered the opinion of the Court.
Husband appeals from a judgment entered by the District Court for the Fifth Judicial District, awarding wife maintenance.
The sole issue on this appeal is whether the trial court abused its discretion in granting a maintenance award as outlined above. Appellant husband contends that respondent wife was not entitled to maintenance because she is employed. Appellant relies upon section 40-4-203(1), MCA, which provides that the recipient may be awarded maintenance if: “(a) lacks sufficient property to provide for his [or her] reasonable needs, and (b) is unable to support himself [or herself] through appropriate employment ...”
Throughout the marriage the husband worked full-time in the wildlife management field and the wife worked part-time as a secretary or bookkeeper. Husband and wife, just prior to divorce, lived on an income in excess of $20,000 per year. At the time of trial wife offered an exhibit showing living expenses of approximately $400 per month and a net take-home pay for the wife of $464.98 per month.
Did the district judge err in granting maintenance where wife’s net take-home pay exceeded her monthly living expenses? We think not.
In Marriage of Cromwell (1979), 180 Mont. 40, 588 P.2d 1010, 36 St.Rep. 60, this Court set a maintenance award under facts strikingly similar to the case at bar. In Cromwell the husband, a law professor at the University of Montana Law School, had gross earnings of approximately $25,000 per year. Wife in that case was averaging about $500 per month in net income from performing as a relief nurse. Wife was given the family residence. The District Court found the wife’s reasonable monthly living expenses to be $789.50 per month and granted wife maintenance in the amount of $250 per month for the ensuing 12 months, $ 125 per month during the succeeding 18 months and none thereafter. The Supreme Court reversed and established maintenance of $400 per month, including $ 100 per month for retirement, giving wife a total of $900 per month.
In Cromwell the court noted the maintenance statute previously set forth. In making the award the court considered the standard of living achieved during the marriage and the husband’s ability to provide continuing support.
In this case the monthly payment of $305.35 was ordered as a “buy-out” of the wife’s interest in marital assets. If the wife is forced to invade these payments for purposes of supplementing her monthly income, then she is forced to consume property acquired
Assuming that the husband makes the monthly payment of $305.35 for eight years, thereby purchasing his wife’s interest in marital assets, a maintenance award of $100 per month will commence in eight years. Given present inflationary trends, the maintenance award granted will be of little value.
We find nothing prejudicial to appellant husband in the court’s award of maintenance. The judgment of the District Court is affirmed.
Reference
- Full Case Name
- In re the MARRIAGE of ELIZABETH A. SUNDSTROM, and and CHARLES SUNDSTROM, and
- Status
- Published