Parsons v. Parsons

469 N.W.2d 581, 1991 S.D. LEXIS 69, 1991 WL 68522
CourtSouth Dakota Supreme Court
DecidedMay 1, 1991
Docket17157
StatusPublished
Cited by11 cases

This text of 469 N.W.2d 581 (Parsons v. Parsons) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Parsons v. Parsons, 469 N.W.2d 581, 1991 S.D. LEXIS 69, 1991 WL 68522 (S.D. 1991).

Opinions

MILLER, Chief Justice.

In this divorce appeal, we reverse an award of rehabilitative alimony and remand for further proceedings.

FACTS

The parties were married on May 25, 1967. Dolores is fifty-five years old and Roger is forty-five. Three children were born to the marriage, one of whom is emancipated. Joint custody of the two younger children (approximate ages 14 and 13) was, by stipulation, granted to the parties, with primary custody in Dolores.

The parties stipulated that a divorce could be granted to both parties on the grounds of irreconcilable differences. Thus, in adopting the stipulation, the trial court made no finding of fault.

The trial court made an equal division of the marital property, with each receiving approximately $209,650. In that division, Roger received the marital home and paid Dolores about $42,320 as one-half of the net equity therein. The balance of the property included, among other things, mutual funds, savings accounts, and other reasonably liquid assets.

Both parties have college education. At the time of the marriage, Roger had a bachelor’s degree in business administration and Dolores had a two-year degree in nursing. In 1989, she received her BS in nursing, and is presently working on her master’s degree. During the marriage, Roger attained his master’s degree (he asserts in his brief that it was at his employer’s expense, but there is no support for that in the record).

As will be more specifically detailed later herein, the trial court found that their combined monthly income was $4,731, with seventy-four percent thereof attributable to Roger.

The trial court awarded Dolores rehabilitative alimony of $13,420 payable as long as she remains in school, at $500 a month. It additionally required Roger to pay Dolores $500 per month for a period of two years “as alimony,” because her income will be down due to health and the necessity of undertaking education.

Roger appeals the alimony award.1

[583]*583DECISION

THE ALIMONY AWARD WAS NOT SUPPORTED BY THE FINDINGS.

The trial court’s alimony award in the judgment stated:

9. That [Roger] shall pay to [Dolores] as rehabilitative alimony, the sum of $13,420, payable so long as [Dolores] remains in school, at $500 per month. [Roger] shall also pay to [Dolores] the sum of $500 per month for a period of two years as alimony. Said alimony payments to commence on February 15, 1990.

We must observe that irrespective of how the trial court characterized it, the above was, as a matter of law, entirely rehabilitative alimony. See Wilson v. Wilson, 434 N.W.2d 742 (S.D.1989); Bradeen v. Bradeen, 430 N.W.2d 87, 90 (S.D. 1988) (Miller, J., concurring in result); Hautala v. Hautala, 417 N.W.2d 879, 882 (S.D.1988).

“ ‘Alimony’ is an allowance for support and maintenance having as ‘... its sole object the provision of food, clothing, habitation, and other necessaries for the support of a spouse.’ ” Wilson, supra at 744, citing 24 Am.Jur.2d Divorce and Separation § 520 (1983). On the other hand, rehabilitative alimony is awarded to enable a former spouse to refresh or enhance the job skills he or she needs to earn a living. Wilson, supra; Hautala, supra; Tesch v. Tesch, 399 N.W.2d 880 (S.D.1987); Saint-Pierre v. Saint-Pierre, 357 N.W.2d 250 (S.D.1984); see also Martin v. Martin, 358 N.W.2d 793, 799 (S.D.1984); Goehry v. Goehry, 354 N.W.2d 192 (S.D.1984); Booth v. Booth, 354 N.W.2d 924 (S.D.1984). Rehabilitation alimony’s purpose is to put a spouse in a position to upgrade his or her economic marketability. Wilson, supra; Bradeen, supra.

Because the entire alimony awarded by the trial court was related to Dolores’ education it was, in reality, an award of rehabilitative alimony. No regular alimony was awarded. We thus make our analysis with that in mind.

In making an award of alimony, the trial court has to consider and apply several factors: the length of the marriage; the earning capacity of the parties; the financial condition after the property division; the age, health and physical condition of the parties; the parties’ station in life or social standing; and fault. Wilson, supra at 745; Hanks v. Hanks, 296 N.W.2d 523, 527 (S.D.1980).

Several additional factors must be considered in making an award of rehabilitative alimony: the supporting spouse’s contributions; foregone opportunities to enhance or improve professional or vocational skills; and the duration of the marriage following completion of the non-supporting spouse’s professional education. Wilson, supra at 745; Hautala, supra at 882; Saint Pierre, supra at 262.

The trial court apparently considered the length of the marriage, their earning capacity (although it all centered around the child support award), their age, health and physical condition.2 However, there are no specific findings related to financial condition after the property division, their station in life or social standing, fault, foregone opportunities, or duration of the marriage following completion of her professional education. See Wilson, supra at 745.

The following is the sole finding of the trial court as it relates to alimony:

[584]*584VIII.
[Dolores] is 55 years old and [Roger] is 45 years old. Both are in good health except that [Dolores’] health is poorer in that she recently had an operation and has other medical problems. Both have college educations. [Roger] has a Masters Degree and [Dolores] is presently working on her Masters. [Dolores] requests some rehabilitative alimony to allow her to gain her Masters Degree so that her earnings may be maintained or increased and not deteriorate because of her health problems. After the division of the property and considering the incomes of the parties, [Dolores’] situation for earnings is not as great as that of [Roger’s]. [Roger] did obtain his Masters Degree during the course of the marriage, which allowed him to rise in his level of employment. [Roger] (sic) has testified that her educational expenses would be $13,420.00 to obtain her Masters Degree.

Dolores has a nursing degree. In 1987 (prior to the time she received her bachelor’s degree), working several overtime hours, she earned $33,000. The trial court found that she is currently employed at $10.99 per hour and if employed full-time she would earn $22,000 per year.

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Bluebook (online)
469 N.W.2d 581, 1991 S.D. LEXIS 69, 1991 WL 68522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parsons-v-parsons-sd-1991.