Wiege v. Wiege

518 N.W.2d 708, 1994 N.D. LEXIS 144, 1994 WL 283282
CourtNorth Dakota Supreme Court
DecidedJune 28, 1994
DocketCiv. 930287
StatusPublished
Cited by65 cases

This text of 518 N.W.2d 708 (Wiege v. Wiege) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wiege v. Wiege, 518 N.W.2d 708, 1994 N.D. LEXIS 144, 1994 WL 283282 (N.D. 1994).

Opinions

MESCHKE, Justice.

Larry Wiege appeals from a divorce judgment dividing property and awarding spousal support to Dianne Wiege. We affirm.

Larry and Dianne were married in 1971 and have two adult children. Larry also adopted Dianne’s daughter from a prior marriage. The marital estate was divided equally, with Larry keeping the farm and Dianne receiving $33,000 over ten years at 7% interest with the interest offset by spousal support paid. Dianne requested monthly spousal support of $1,300 for five years and $500 for an additional four years. Larry made four alternative proposals combining support with property distribution. The trial court rejected these suggestions. Instead, it ordered Larry to pay monthly support of $1,000 for six years or until Dianne received a four-year college degree, whichever is earlier, and then $300 until she dies.

Dianne was 46 years old and Larry was 47 at the divorce. Both Larry and Dianne are relatively healthy and each has a high school education, Larry by diploma and Dianne by GED. Larry has worked for 18 years at a telephone cooperative and currently earns $18.90 an hour. His employment benefits include pension contributions and medical insurance. He also receives monthly military disability payments and raises a few cattle on the farm. Dianne had several low-paying jobs during the marriage. She has worked since August 1992 at a Bismarck store and currently earns $4.90 an hour. Her benefits include pension contributions after eight years with the company and partial payment of medical insurance premiums. Dianne cannot earn more at her current job without a college degree and must work full-time to receive medical benefits.

The trial court found that Dianne “will be disadvantaged by this divorce.” It concluded that Dianne needed $700 monthly, in addition to her current wages of $530 and property distribution installments of $250, to pay her necessary living expenses of $1,500 while attending college. It also concluded that even if Dianne earned a college degree, permanent monthly support of $300 would be “equitable ... to offset the permanent economic disadvantage suffered by Mrs. Wiege as a consequence of the time she has spent functioning in the home.”

Larry disagrees with the trial court’s finding that Dianne was disadvantaged by the divorce and needs rehabilitative support. He also argues that “[o]nly in a situation where a party is incapable of rehabilitation should permanent spousal support be awarded.” Dianne argues that rehabilitative and permanent spousal support are both appropriate in this case. We agree.

When granting a divorce, a trial court may “compel either of the parties ... to make such suitable allowances to the other party for support during life or for a shorter period as to the court may seem just, having regard to the circumstances of the parties respectively.” NDCC 14-05-24. Spousal support determinations are findings of fact that will not be reversed on appeal unless clearly erroneous. LaVoi v. LaVoi, 505 N.W.2d 384, 386 (N.D.1993). Detailed findings of fact are helpful but not required if the trial court’s reasons are fairly discernible by deduction or inference. Pfliger v. Pfliger, 461 N.W.2d 432, 436 (N.D.1990). Here, the trial court properly concluded that both rehabilitative and permanent support were necessary to equitably share the reduction in Dianne’s standard of living caused by the divorce.

[711]*711Both Dianne and Larry view the trial court’s decision as awarding monthly rehabilitative support of $700 for up to six years and permanent support of $300. Regardless of the form used, spousal support should be awarded only after consideration of the Rujf-Fischer factors. LaVoi v. LaVoi, 505 N.W.2d at 386 (permanent); McAdoo v. McAdoo, 492 N.W.2d 66, 71 (N.D.1992) (rehabilitative). These factors include:

[T]he respective ages of the parties, their earning ability, the duration of the marriage and conduct of the parties during the marriage, their station in life, the circumstances and necessities of each, their health and physical condition, their financial circumstances as shown by the property owned at the time, its value at the time, its income-producing capacity, if any, whether accumulated before or after the marriage, and such other matters as may be material.

Weir v. Weir, 374 N.W.2d 858, 862 (N.D.1985). The distribution of marital property should also be considered when “setting the amount of support for a disadvantaged spouse.” Pfliger, 461 N.W.2d at 436. Other matters can include retirement savings or pensions, Roen v. Roen, 438 N.W.2d 170, 172 (N.D.1989), the liquidity or income-producing nature of the property distributed to the disadvantaged spouse Heley v. Heley, 506 N.W.2d 715, 720 (N.D.1993), and whether the disadvantaged spouse will have to use up that property to live. Id.

A spouse must be disadvantaged as a result of the divorce for rehabilitation or maintenance to be appropriate. Weir, 374 N.W.2d at 862. We prefer temporary rehabilitative support to remedy this disadvantage, and indefinite permanent support is appropriate only if a spouse “cannot be adequately restored to independent economic status.” Heley, 506 N.W.2d at 720. Therefore, a trial court should consider rehabilitative support first because it may eliminate the need for permanent support.

The purpose of rehabilitative support is to provide a disadvantaged spouse the opportunity to become self-supporting through additional training, education, or experience. LaVoi, 505 N.W.2d at 386, citing Rustand v. Rustand, 379 N.W.2d 806, 807 (N.D.1986). A spouse’s need for rehabilitation is not limited to the “prevention of destitution,” but can also be based on their standard of living before the divorce. Wahlberg v. Wahlberg, 479 N.W.2d 143, 145 (N.D.1992). Rehabilitative support can “balanc[e] the burdens created by the separation” if the parties do not have enough income to maintain the same standard of living apart as they enjoyed together. . Wahlberg, id., citing Weir, 374 N.W.2d at 864. As we indicated in Weir, 374 N.W.2d at 864-65, Larry’s ability to pay and Dianne’s potential for rehabilitation should also be considered.

Dianne is clearly disadvantaged by this divorce. The trial court found: “She has had limited opportunity to advance her education or her employment and earning skills because of the burden of her homemaking duties.” Dianne’s current wages are not sufficient to pay her monthly living expenses, much less maintain her previous standard of living. By comparison, in addition to his farm income and disability payments, Larry’s hourly wage is almost four times higher than Dianne’s. As in Roen, 438 N.W.2d at 172, this substantial disparity in earning abilities justifies rehabilitative support for Dianne.

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Bluebook (online)
518 N.W.2d 708, 1994 N.D. LEXIS 144, 1994 WL 283282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiege-v-wiege-nd-1994.