Wilson v. Wilson

960 P.2d 1262, 131 Idaho 533, 1998 Ida. LEXIS 87
CourtIdaho Supreme Court
DecidedJune 30, 1998
Docket24150
StatusPublished
Cited by17 cases

This text of 960 P.2d 1262 (Wilson v. Wilson) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilson v. Wilson, 960 P.2d 1262, 131 Idaho 533, 1998 Ida. LEXIS 87 (Idaho 1998).

Opinion

TROUT, Chief Justice.

This is an appeal from a magistrate judge’s order requiring appellant, William Wilson (William), to pay spousal maintenance to respondent, Frosty Wilson (Frosty), in the sum of $7,500 per month for six years, and thereafter, $6,500 per month for five years.

I. BACKGROUND

Frosty and William Wilson were married in 1974. During the first fourteen years of the marriage, William attended medical school and received the training necessary to become a plastic surgeon. In 1989, after William completed his medical training, William and Frosty moved to Idaho Falls where William established a medical practice. Although Frosty occasionally worked outside the home while William was in school, *535 throughout most of their marriage, she stayed home and raised their two children. William filed for a divorce in 1995 on the grounds of irreconcilable differences. Frosty filed a counterclaim, seeking a divorce on the grounds of adultery and extreme cruelty. In addition, Frosty sought spousal maintenance for a period of not less than twenty-two years.

After a trial, the magistrate judge granted the Wilsons’ divorce on the grounds of adultery and extreme cruelty. The magistrate judge awarded custody of the Wilsons’ two minor children to Frosty, and ordered William to pay child support in the sum of $2,500 per month. The magistrate judge divided the community property and debts equally between Frosty and William. In addition, the magistrate judge awarded spousal maintenance to Frosty in the sum of $7,500 per month for a period of six years, and thereafter, $6,500 per month for a period of five years.

William filed a motion for reconsideration, asserting among other things, that the amount and the duration of the spousal maintenance award were excessive. The magistrate judge amended certain aspects of the judgment; however, the magistrate judge held the amount and the duration of the award were not excessive. William appealed the magistrate judge’s decision to the district judge, who affirmed the magistrate judge’s award of spousal maintenance.

II. STANDARD OF REVIEW

In reviewing a decision of the district judge rendered in his appellate capacity, we review the record of the trial court independently of, but with due regard for, the district judge’s decision. Ervin Constr. Co. v. Van Orden, 125 Idaho 695, 698-99, 874 P.2d 506, 509-10 (1993) (quoting Sato v. Schossberger, 117 Idaho 771, 774-75, 792 P.2d 336, 339-40 (1990)); Tisdale v. Tisdale, 127 Idaho 331, 333, 900 P.2d 807, 809 (Ct.App.1995) (citations omitted). When the trial court sat without a jury, we liberally construe the trial court’s findings of fact in favor of the judgment entered. Ervin Constr. Co., 125 Idaho at 699, 874 P.2d at 510 (quoting Sun Valley Shamrock Resources, Inc. v. Travelers Leasing Corp., 118 Idaho 116, 118, 794 P.2d 1389, 1391 (1990) (citations omitted)). Even if there exists conflicting evidence, we will not disturb the trial court’s findings and conclusions on appeal if they are based on substantial evidence. Id.

On appeal from a trial court’s award of spousal maintenance, we review the trial court’s findings that are the basis for the court’s decision as to the duration and the amount of spousal maintenance to determine whether there exists substantial and competent evidence in support of these findings. Mulch v. Mulch, 125 Idaho 93, 98, 867 P.2d 967, 972 (1994); Tisdale, 127 Idaho at 333, 900 P.2d at 809. We may disregard the trial court’s failure to state specific reasons in support of its decision as to the amount and the duration of a spousal maintenance award if “the reasons clearly appear from the record.” See generally Mulch, 125 Idaho at 96-98, 867 P.2d at 970-72; McNelis v. McNelis, 119 Idaho 349, 351-52, 806 P.2d 442, 444-45 (1991) (citing Hentges v. Hentges, 115 Idaho 192, 195, 765 P.2d 1094, 1097 (1988)). We exercise free review over the trial court’s application of the law to the facts. Tisdale, 127 Idaho at 333, 900 P.2d at 809 (citation omitted).

III. SPOUSAL MAINTENANCE AWARD

The magistrate judge awarded Frosty spousal maintenance for a total period of eleven years. Pursuant to the award, William is to pay Frosty maintenance in the amount of $7,500 per month for six years, and thereafter, $6,500 per month for five years. William does not contest that Frosty is entitled to an award of spousal maintenance. Rather, William argues that there is not substantial and competent evidence in the record to support the magistrate judge’s findings as to the duration and the amount of the spousal maintenance award.

After a divorce is decreed, a court may grant a spouse an award of maintenance if the spouse: (1) lacks sufficient property to provide for his or her reasonable needs, and (2) is unable to support himself or herself through employment. I.C. § 32-705(1). The *536 court’s award of maintenance should be in an amount and for a duration that the court deems just after considering all relevant factors, which may include:

(a) The financial resources of the spouse seeking maintenance, including the marital property apportioned to said spouse, and said spouse’s ability to meet his or her needs independently;
(b) The time necessary to acquire sufficient education and training to enable the spouse seeking maintenance to find employment;
(c) The duration of the marriage;
(d) The age and the physical and emotional condition of the spouse seeking maintenance;
(e) The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance;
(f) The tax consequences to each spouse;
(g) The fault of either party.

I.C. § 32-705(2). When determining a spouse’s “reasonable needs,” the court is to take into account the standard of living established during the marriage. Campbell v. Campbell, 120 Idaho 394, 404, 816 P.2d 350, 360 (Ct.App.1991) (citations omitted).

In calculating Frosty’s spousal maintenance award, the magistrate judge made reference to I.C. § 32-705, and discussed in detail the factors he considered in determining the duration and the amount of the award.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hess v. Hess
558 P.3d 254 (Idaho Supreme Court, 2024)
Stacy Loughmiller v. Mark Gustafson
Idaho Court of Appeals, 2016
David R. Davies v. Susan Davies
368 P.3d 1017 (Idaho Court of Appeals, 2016)
Pedro Pelayo v. Bertha Pelayo
303 P.3d 214 (Idaho Supreme Court, 2013)
Olson v. Montoya
215 P.3d 553 (Idaho Court of Appeals, 2009)
Stewart v. Stewart
152 P.3d 544 (Idaho Supreme Court, 2007)
McGriff v. McGriff
99 P.3d 111 (Idaho Supreme Court, 2004)
Browning v. Browning
39 P.3d 631 (Idaho Supreme Court, 2001)
Robinson v. Robinson
35 P.3d 268 (Idaho Supreme Court, 2001)
Chandler v. Chandler
32 P.3d 140 (Idaho Supreme Court, 2001)
Perez v. Perez
6 P.3d 411 (Idaho Court of Appeals, 2000)
State Ex Rel. Industrial Commission v. Quick Transport, Inc.
999 P.2d 895 (Idaho Supreme Court, 2000)
Kornfield v. Kornfield
3 P.3d 61 (Idaho Court of Appeals, 2000)
Thomas v. Worthington
979 P.2d 1183 (Idaho Supreme Court, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
960 P.2d 1262, 131 Idaho 533, 1998 Ida. LEXIS 87, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-wilson-idaho-1998.