Tillock v. Tillock

877 S.W.2d 161, 1994 Mo. App. LEXIS 818, 1994 WL 199657
CourtMissouri Court of Appeals
DecidedMay 24, 1994
DocketNo. 64172
StatusPublished
Cited by10 cases

This text of 877 S.W.2d 161 (Tillock v. Tillock) 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
Tillock v. Tillock, 877 S.W.2d 161, 1994 Mo. App. LEXIS 818, 1994 WL 199657 (Mo. Ct. App. 1994).

Opinion

CRANDALL, Presiding Judge.

Wife, Carol Tillock, appeals from a decree of dissolution of her marriage to husband, Kenneth Tillock. We affirm as modified.

Husband and wife were married in 1968. They separated in 1986. Three children were born of the marriage. At the time of the dissolution, two of the children were living with wife in the marital home: one was 16 years of age and a student; another was 22 and unemployed.

At the time of the dissolution, husband was 55 years of age. He was a program analyst and had worked as a civilian employee of the United States Army for over 33 years. His annual yearly salary was approximately $60,-000.00. His pension plan was valued at $56,-[162]*162490.00. He suffered from health problems related to diabetes. After the separation, he continued to support wife and the children and to maintain them in the marital home. Husband’s gambling and drinking problems contributed to the breakdown of the marriage.

Wife was 45 years of age. When she married in 1968, she was working as a secretary. After the birth of the parties’ first child, wife stayed at home as a full-time homemaker. From 1984 to 1988, during the hours the children attended school, she worked as a part-time receptionist. After the separation, wife attended the University of Missouri at St. Louis (university) and graduated with a Bachelor’s Degree in social work in June 1991. Although husband was providing for her support, her undergraduate education was financed through grants. At the time of dissolution, she was taking classes to complete a Master’s Degree in counseling. Her anticipated date of graduation was June 1994. Because she was diagnosed as suffering from clinical depression, her graduate education was financed through a vocational rehabilitation program. As part of a work-study program through the university, she worked 10 to 15 hours per week at the Women’s Center on campus. She earned $5.00 per hour, for a total of $2,100.00 per year.

Two witnesses testified on behalf of wife at trial. The Director of the Women’s Center at the university testified that wife could not continue working at the center after graduation. She stated that the job market for counselors was depressed, because there was a surplus of counselors in the St. Louis area. She also said that wife’s prospects for employment were not favorable, due to her lack of experience in counseling as well as to her clinical depression. The psychiatrist who treated wife testified that wife suffered from “major recurrent depression” which affected her ability to concentrate and to function. He stated that she should be on medication “for the rest of her life.” Because of the increased stress wife would experience in a job, he recommended that in the near future, she work, not full-time, but rather on a “limited basis.”

The trial court entered the decree of dissolution in May 1993. The court divided the marital property and awarded husband $23,-500.00 (one half of the equity in the marital residence minus $3,000.00 for husband’s gambling debts), $125.00 in bank accounts, an automobile valued at $500.00, $500.00 worth of household goods, and 63 percent of his pension benefits. The court awarded wife $29,500.00 (one half of the equity in the marital residence plus $3,000.00 for husband’s gambling debts), $25.00 in accounts, an automobile valued at $500.00, $1,500.00 in household furnishings, and 37 percent of husband’s pension benefits. The trial court awarded custody of daughter to wife and ordered husband to pay $660.00 per month in child support. The court apportioned the marital debts, assigning $2,000.00 to wife and $10,-128.00 to husband. The court ordered husband to pay $500.00 in costs and $3,200.00 of wife’s attorney’s fees. The court also ordered husband to pay wife decretal maintenance of $1,000.00 per month for a period of 12 months.

Wife’s sole point on appeal is that the trial court erred in limiting the duration of the maintenance award. She contends that there was no substantial evidence to support the limitation on maintenance, because there was no reasonable expectation that she would be self-supporting 12 months from the date of the decree. Neither party challenges the amount of the maintenance award.

Although the trial court has broad discretion in determining the amount and duration of maintenance pursuant to § 452.-335, RSMo (Cum.Supp.1993), a decision to limit maintenance is justified only where substantial evidence exists of an impending change in the financial conditions of the parties. Howard v. Howard, 764 S.W.2d 169, 170-171 (Mo.App.1989). Maintenance awards of limited duration cannot be based on mere speculation as to the future conditions of the parties. Id. at 172. Where the evidence indicates that the dependent spouse’s financial prospects will not improve materially in the future and that the means of the spouse providing maintenance are not likely to decrease substantially, the trial court abuses its discretion when it speculates [163]*163that the original maintenance award will no longer be required in the future. Burbes v. Burbes, 739 S.W.2d 582, 584 (Mo.App.1987). There is a judicial preference for awards of unlimited maintenance. Hutchins v. Hutchins, 687 S.W.2d 708, 706 (Mo.App.1985).

Where the evidence indicates that the dependent spouse could become self-supporting within the period of the maintenance award, we have upheld awards of limited maintenance. In re Marriage of Witzel, 727 S.W.2d 214 (Mo.App.1987); Steinmeyer v. Steinmeyer, 669 S.W.2d 65 (Mo.App.1984). In Cohn v. Cohn, 841 S.W.2d 782, 786 (Mo.App.1992), we held that the evidence was sufficient to support a reasonable probability that wife could become self-sufficient within three years, where she had a Master’s Degree in special education, at least eight years’ recent work experience in that field, and received substantial assets from the marital estate, including income-producing assets. In Law v. Law, 833 S.W.2d 17, 19 (Mo.App.1992), we held that the evidence was sufficient to support a reasonable probability that wife could become self-sufficient in two years, where, following separation, wife went to work for an insurance company for an approximate salary of $17,000.00 per year. In Sansone v. Sansone, 615 S.W.2d 670, 671 (Mo.App.1981), we held the evidence sufficiently established that wife would be employed within one year, where she was a trained real estate appraiser and there was a market for real estate appraisers.

In contrast to the above-cited decisions, there was not substantial evidence in the present case to support a reasonable expectation that wife’s financial condition would improve in one year and that she would be self-sufficient. The decree was entered in May 1993; thus, wife’s maintenance was to cease in May 1994, a date which coincided with her anticipated date of graduation. Wife was 45 years of age. She remained out of the work force for most of the marriage for the purpose of raising the three children born of the marriage.

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Bluebook (online)
877 S.W.2d 161, 1994 Mo. App. LEXIS 818, 1994 WL 199657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tillock-v-tillock-moctapp-1994.