Mori v. Mori

603 P.2d 85, 124 Ariz. 193, 1979 Ariz. LEXIS 370
CourtArizona Supreme Court
DecidedNovember 5, 1979
Docket14438
StatusPublished
Cited by15 cases

This text of 603 P.2d 85 (Mori v. Mori) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mori v. Mori, 603 P.2d 85, 124 Ariz. 193, 1979 Ariz. LEXIS 370 (Ark. 1979).

Opinion

HAYS, Justice.

This case emerges from a morass of procedural entanglements. Appellant (crossappellee) appealed from a judgment of dissolution and divorce rendered June 4, 1975, and confirmed by subsequent judgments of February 23 and May 12, 1976. Appellee cross-appealed from the award of attorney fees. We have jurisdiction pursuant to Arizona Rules of Civil Appellate Procedure, rule 19(e).

Appellant raises the following issues:

1. DID THE COURT ABUSE ITS DISCRETION BY ENTERING A SHORT-TERM, NON-MODIFIABLE AWARD OF SPOUSAL MAINTENANCE FOR ONE YEAR?
2. DID THE COURT ERR IN EXCLUDING ACCOUNTS RECEIVABLE IN DETERMINING THE VALUE OF APPELLEE’S LAW PRACTICE?
3. DID THE COURT ERR IN FIXING THE VALUE OF CERTAIN PROPERTY IN TEXAS?
4. MUST APPELLEE ACCOUNT FOR . GIFTS OF TWO CARS PURCHASED FROM COMMUNITY FUNDS?
5. IS APPELLANT ENTITLED TO $650 IN ARREARAGES FOR MAINTENANCE PENDENTE LITE1
6. DID THE COURT ERR IN NOT AWARDING APPELLANT OFFSETTING CREDITS FOR TRANSFERS OF CERTAIN FUNDS FROM COMMUNITY ASSETS BY APPELLEE?
7. DID THE COURT DENY APPELLANT DUE PROCESS?
8. WAS THE COURT CORRECT IN CLASSIFYING CERTAIN PROPERTY IN MESA AS COMMUNITY *195 AND, ALTERNATIVELY, IS APPELLANT AT LEAST ENTITLED TO A $15,000 LIEN AGAINST THE PROPERTY BASED ON EXPENDITURE OF SEPARATE FUNDS TO IMPROVE THE PROPERTY?

I. AWARD OF SPOUSAL MAINTENANCE

The trial judge tried to equitably divide the community property. Appellee, who at the time of trial was making $5,000 a month from his law practice, received the bulk of the cash. Appellant received real property, a small amount of cash, and $1,000 a month maintenance for one year. Appellant does not dispute the amount of maintenance, but urges that it was an abuse of discretion to terminate maintenance automatically after one year.

The legislature has provided rather specific guidelines for determining the amount and duration of spousal maintenance in A.R.S. § 25-319(B). At the time of the trial of this case, the guidelines to be considered by the court were as follows:

(1) The financial resources of the party seeking maintenance, including marital property apportioned to him, and his ability to meet his needs independently.
(2) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment.
(3) The standard of living established during the marriage.
(4) The duration of the marriage.
(5) The age and the physical and emotional condition of the spouse seeking maintenance.
(6) The ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance.
(7) Excessive or abnormal expenditures, destruction, concealment, or fraudulent disposition of community, joint tenancy and other property held in common.

We are customarily reluctant to disturb the trial court’s rulings in such matters and usually defer to its judgment if there is competent evidence to support the conclusion reached. Nace v. Nace, 107 Ariz. 411, 489 P.2d 48 (1971). Under the particular circumstances of this case, however, we find that it was an abuse of discretion to terminate maintenance automatically after one year.

Appellant was 52 when this action commenced in 1973 and had been married for almost 25 years. Other than teaching for six months in 1950 while her husband finished law school in Tucson, she had no previous employment record. Appellant testified that she was studying for an M.A. at the time of the trial, but that she wished to obtain an M.C. in Counseling in order to secure employment with a clinic or hospital. Additionally, she stated that her Arizona teaching certificate had expired years before and that even if she sought to reinstate it, she could teach only at the elementary level.

Further testimony established that appellant would need about three years to earn an M.C. because the program was accepting no more applicants at that time. We note that the second criterion under A.R.S. § 25-319(B) speaks specifically of “appropriate employment.” The duration of the marriage (25 years) and age of the spouse are also specifically mentioned in the statute. In view of her age and lack of employment history, it was not certain that appellant could secure appropriate employment upon completion of the degree program. We agree with the reasoning of the Court of Appeals in Lindsay v. Lindsay, 115 Ariz. 322, 328-29, 565 P.2d 199,205-06 (App.1977) [referring to Porreca v. Porreca, 8 Ariz.App. 394, 446 P.2d 500 (1968)]:

Porreca, supra, recognized the sound public policy involved in fixed-term rehabilitative spousal maintenance awards which, under appropriate circumstances, may provide an incentive for one receiving spousal maintenance payments to use diligence in procuring the requisite training and skills so as to become self-sustaining. *196 However, this underlying public policy must be balanced with some realistic appraisal of the probabilities that the receiving spouse will in fact subsequently be able to support herself in some reasonable approximation of the standard of living established during the marriage, especially when a marriage of long-term duration is involved and the employment history shows a long-term absence of the spouse from the labor market with the lack of a presently existing employment skill. ... It might well be that prior to the expiration of the three year term set in the maintenance award, circumstances will develop which demonstrate that, contrary to the reasonable expectations and notwithstanding a maximum good faith effort on the part of the appellant-wife, she will be unable to secure employment or the amount realized by her from any employment obtained will not be sufficient to furnish support reasonably comparable to the standard of living established during the marriage . and in order to meet such an eventuality, the trial court should have reserved jurisdiction to extend in time, as well as to increase or decrease in amount, the award here involved (emphasis added).

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Cite This Page — Counsel Stack

Bluebook (online)
603 P.2d 85, 124 Ariz. 193, 1979 Ariz. LEXIS 370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mori-v-mori-ariz-1979.