Maeder v. Maeder

480 N.W.2d 677, 1992 Minn. App. LEXIS 80, 1992 WL 15656
CourtCourt of Appeals of Minnesota
DecidedFebruary 4, 1992
DocketC5-91-1205
StatusPublished
Cited by12 cases

This text of 480 N.W.2d 677 (Maeder v. Maeder) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maeder v. Maeder, 480 N.W.2d 677, 1992 Minn. App. LEXIS 80, 1992 WL 15656 (Mich. Ct. App. 1992).

Opinions

OPINION

SCHUMACHER, Judge.

Appellant Edward Maeder contends that the trial court abused its discretion in granting respondent Phyllis Maeder’s motion for increased and permanent spousal maintenance, by ordering the maintenance to be secured by Edward’s life insurance, and by ordering Edward to pay $5,000 in attorney fees. In her notice of review, Phyllis contends that the trial court erred by only granting her $2,550 per month in maintenance, by requiring Edward to name Phyllis as a life insurance beneficiary only if a group policy is available to him, and by granting her only $5,000 in attorney fees. We affirm.

FACTS

The 21-year marriage of appellant Edward Maeder and respondent Phyllis Mae-der was dissolved on January 15, 1986. The divorce decree provided that Edward would pay Phyllis temporary maintenance of $2000 per month for 72 months. The decree also provided for Edward to designate Phyllis as a beneficiary on his life insurance policy and for him to pay Phyllis $10,283.48 in attorney fees.

On October 25, 1990, Phyllis moved to have the maintenance increased to $4,500 per month and to have it made permanent. The trial court awarded Phyllis permanent maintenance of $2,550 per month, and ordered Edward to continue to maintain life insurance to secure his maintenance obligation as long as a group policy is available to him, and to pay Phyllis $5,000 in attorney fees.

The marriage of Phyllis and Edward can be characterized as a traditional one. For almost the entire marriage Phyllis did not . work outside of the home, and Edward was a. practicing obstetrician/gynecologist for the entire marriage. The parties have three children.

Prior to their marriage, Phyllis attended college for two years and then worked as a flight attendant. After the parties were married, she worked as a secretary and receptionist for four years until the parties adopted their first daughter. She does not have a college degree and, at the time of the dissolution, she was found to have no vocational skills.

During their marriage, the parties lived an affluent lifestyle. They lived in a $345,-000 home in Edina. They owned two timeshare units in Palm Springs, a membership at Interlachen Country Club, and memberships at athletic clubs. In addition, without Edward’s consent, Phyllis spent large amounts of money on clothing, furniture, jewelry, and furs which caused the parties to be in debt. After the dissolution in 1986, Phyllis continued to spend money freely. She bought a $200,000 home, and incurred a debt of $69,698 because of various expenditures. In 1987, she declared bankruptcy. Since the dissolution, Phyllis has made some attempts to support herself but has been unsuccessful. In 1988, she earned $3,707, in 1989 she earned $555, and in 1990 she earned $3,000. Phyllis is a [679]*679recovering alcoholic and complains of migraine headaches, bleeding ulcers, and fi-brocystic breast disease.

Edward is still a practicing obstetrician/gynecologist and his gross annual income for the years 1986 through 1990 was as follows:

1986 $194,070
1987 192,572
1988 185,495
1989 205,356
1990 208,370

Since the dissolution, Edward has remarried and has a child with his current spouse.

At the time of the dissolution, Phyllis was 48 years old and Edward was 46 years old. Phyllis is currently 54 years old and Edward is 53 years old.

ISSUES
1. Did the trial court err by granting Phyllis’s motion for increased and permanent spousal maintenance?
2. Did the trial court err by requiring that, as long as he could participate in a group policy, Edward should maintain life insurance to secure. the maintenance obligation?
3. Did the trial court err by ordering Edward to pay $5000 in attorney fees?

ANALYSIS

1. Determination of spousal maintenance is a matter within the trial court’s discretion which we will not disturb on appeal absent an abuse of that discretion. Erlandson v. Erlandson, 318 N.W.2d 36, 38 (Minn.1982). “There must be a clearly erroneous conclusion that is against logic and the facts on record before this court will find that the trial court abused its discretion.” Rutten v. Rutten, 347 N.W.2d 47, 50 (Minn.1984).

A court may modify spousal maintenance upon a showing of substantially increased or decreased earnings of a party that makes the terms of the original decree unreasonable and unfair. Minn.Stat. § 518.64, subd. 2 (1990). Once the court finds that a modification is appropriate, it must determine the appropriate amount and duration of the award by applying the factors set out in Minn.Stat. § 518.552 subd. 2 (1990). The essential consideration in the award of maintenance is the financial need of the party receiving maintenance and his or her ability to meet that need balanced against the financial condition of the spouse providing the maintenance. Novick v. Novick, 366 N.W.2d 330, 334 (Minn.App.1985).

The trial court applied Minn.Stat. § 518.64 and found that Phyllis’s need for spousal maintenance had increased because she had not been successfully rehabilitated into .the job market, the cost of living had substantially increased since 1986, and she no longer had health insurance. It found that these changes made the original award unreasonable and unfair. This conclusion is not clearly erroneous or against logic and the facts of the record. “The failure of a spouse to become fully rehabilitated while receiving temporary maintenance is, in itself, a changed circumstance under [Minn.Stat. § 518.64].” Katter v. Katter, 457 N.W.2d 750, 753 (Minn.App.1990). The record shows that Phyllis pursued various sales positions and self-employment positions but was only able to earn from $555 per year to $3700 per year. The trial court did not abuse its discretion in finding that a modification of the maintenance award was warranted.

After it found a change in circumstances which made the original award unreasonable and unfair, the trial court applied Minn.Stat. § 518.551 and made specific and detailed findings concerning both parties’ incomes and expenses. It considered Phyllis’s age, her physical and emotional condition, her contribution as a homemaker, her lack of vocational skills, the family’s standard of living during the marriage, and Edward’s ability to pay maintenance. The record shows that Phyllis earns a maximum of about $3700 per year and Edward earns at least $200,000 per year. It shows that Phyllis is 54 years old, has no vocational skills, and has physical and emotional problems. The record also shows that Edward has been a practicing physician since [680]*680he first married and that the parties had a high standard of living during the marriage. This evidence supports the trial court’s findings. The trial court did not abuse its discretion in awarding Phyllis maintenance of $2550 per month.

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Maeder v. Maeder
480 N.W.2d 677 (Court of Appeals of Minnesota, 1992)

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Bluebook (online)
480 N.W.2d 677, 1992 Minn. App. LEXIS 80, 1992 WL 15656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maeder-v-maeder-minnctapp-1992.