Thompson v. Thompson

853 S.W.2d 410, 1993 Mo. App. LEXIS 684, 1993 WL 147075
CourtMissouri Court of Appeals
DecidedMay 11, 1993
DocketWD 46425
StatusPublished
Cited by9 cases

This text of 853 S.W.2d 410 (Thompson v. Thompson) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thompson v. Thompson, 853 S.W.2d 410, 1993 Mo. App. LEXIS 684, 1993 WL 147075 (Mo. Ct. App. 1993).

Opinion

SPINDEN, Judge.

Peggy L. Thompson appeals the trial court’s decree dissolving her marriage to John Leslie Thompson. She contends that the trial court erred by (1) making an award of maintenance in gross and limiting the duration of maintenance, (2) ordering John Thompson to pay her for her share of the marital property in installments, (3) awarding a bank account to her although no funds remained in it, and (4) ordering John Thompson to pay only $500 in attorney’s fees. We remand the case for the trial court to set aside its order of maintenance and to enter instead an order for maintenance enduring until a change deemed appropriate under § 452.370, RSMo Cum.Supp.1992, occurs. We affirm the trial court as to the payments by John Thompson, the bank account and attorney’s fees.

John and Peggy Thompson married on July 15,1983, and separated on October 17, 1991. No children were born during the marriage. Peggy Thompson has custody of a son from a previous marriage.

Peggy Thompson suffers severe depression. She has received hospital treatment for the depression four times: May 9 through May 22, 1990; June 12 through June 15, 1990; October 16 through November 5, 1991; and March 16 through April 1, 1992. Psychiatrist Jerome Greenfield treated her during these hospital stays and approximately 40 times between May 9, 1990, and May 5, 1992. His diagnosis after her last hospitalization was that she suffered bipolar affective disorder and hypertension. At the time of the dissolution hearing, Peggy Thompson was taking four prescribed medications: Prozac, Lithium, Lorazepam, and Calan SR. Greenfield believed that she would need to continue taking medicine, probably Lithium, for several years. He expected her episodes of depression to become less intense and less frequent as she aged, but he expected her to need at least one more hospital stay. He believed that she might be able to get a job, but he did not believe at the time of trial that she was stable enough to maintain a job. He did not opine how long it would be before she could maintain a job.

While married to John Thompson, Peggy Thompson worked for 16 different employ *412 ers, and she typically earned minimum wage. At trial, she expressed an intention to look for work when her health permitted and when she had transportation.

At trial, she was 38-years-old and a high school graduate. Her monthly income was $234 in Aid to Families With Dependent Children (AFDC), $50 child support payment from her son’s father — when he paid it — and $154 in food stamps. She also received Medicaid coverage for herself and her son. John Thompson’s net monthly wage was $1,057.29, and his average net monthly expenses were $1,104.05.

Peggy Thompson received $8,843.50 and interest from her father’s estate when her father died, and $27,119 in insurance proceeds. She used this money to pay some of her and John Thompson’s bills and living expenses and to make a $10,000 down payment for a house in which she and John Thompson lived and a $6500 down payment for a pickup.

She and John Thompson maintained a joint checking account. During October 1991, she withdrew all of the money— about $2500 — from the account.

The trial court valued John Thompson’s separate property at $2225 and Peggy Thompson’s separate property at $1300. It valued the marital assets at $21,579. Of this sum, the trial court awarded $14,589 to John Thompson. It awarded Peggy Thompson marital assets valued at $6990, which included the $2500 she had taken from the joint checking account. The court also ordered John Thompson to make two payments, to Peggy Thompson, one for $1700 on December 1, 1992, and a second for $5500 on January 1, 1994. Concerning maintenance, the trial court ordered:

[Peggy Thompson] is awarded the sum of $3,200.00 as maintenance in gross as follows: [John Thompson] is ordered to pay to [Peggy Thompson] the sum of $200.00 on the last day of every month for the calendar year 1992, beginning with the month of May; and [John Thompson] is ordered to pay to [Peggy Thompson] the sum of $100.00 on the last day of every month for a total of sixteen (16) months, beginning with the month of January, 1993. This award of maintenance is non-modifiable.

Peggy Thompson owed $1714.50 in attorney’s fees as of February 21, 1992. The court ordered John Thompson to pay only $500 of these fees.

Peggy Thompson contends the trial court erred in ordering maintenance in gross and in limiting it to 24 months. 1 The Supreme Court of Missouri has ruled that “maintenance ‘in gross’ is no longer recognized as a tool for providing economic sustenance under Section 452.335 [RSMo Cum. Supp.1992].” Cates v. Cates, 819 S.W.2d 731, 738 (Mo. banc 1991). Although the trial court labeled its award “maintenance in gross,” the award more closely resembled an award of maintenance for a limited duration and will be treated as such for purposes of this appeal. Klein v. Klein, 837 S.W.2d 567, 570 (Mo.App.1992).

A trial court has much discretion in determining the amount and the duration of maintenance pursuant to § 452.335. Our review is limited to whether the trial court has abused its discretion. Hahn v. Hahn, 739 S.W.2d 763, 764 (Mo.App.1987). “[A] decision to limit maintenance is justified only where substantial evidence exists of an impending change in the financial condition of the parties.” Burbes v. Burbes, 739 S.W.2d 582, 584 (Mo.App.1987). Substantial evidence must exist supporting a reasonable expectation that such a change will occur. Harper v. Harper, 764 S.W.2d 480, 481 (Mo.App.1989); Pemberton v. Pemberton, 756 S.W.2d 660, 662 (Mo.App.1988). Maintenance should not be prospectively terminated unless the evidence indicates that the circumstances of the parties will be markedly different in *413 the future. Hefti v. Hefti, 682 S.W.2d 65, 67 (Mo.App.1984). Because of the justification required for maintenance awards of limited duration, the judicial preference is for awards of maintenance of unlimited duration. Beeman v. Beeman, 816 S.W.2d 15, 17 (Mo.App.1991).

We find no evidence supporting a reasonable probability that Peggy Thompson could begin working again within two years; nor do we find evidence of any impending change or that Peggy Thompson’s financial condition would be markedly different in two years. Maintenance awards cannot be based on mere speculation as to the future condition of the spouse. Howard v. Howard, 764 S.W.2d 169, 171 (Mo.App.1989). Such speculation constitutes an abuse of discretion. Burbes,

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Bluebook (online)
853 S.W.2d 410, 1993 Mo. App. LEXIS 684, 1993 WL 147075, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-thompson-moctapp-1993.