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Schmitt v. Schmitt2/8/2001
.26. After reviewing all of the statutory factors, the court summarized the reasoning for its maintenance decision as follows:
This case is not about whether or not Mrs. Schmitt is female or whether or not Mr. Schmitt is a male. It's about what is fair and equitable as to both parties and the need of one of the parties and the ability of the other to pay and receive maintenance....
Again, this Court finds that a significant factor in this case is, although the length of the marriage is of a large number, I think the length should be discounted because of the actual living arrangements between the parties. In addition, I do think that Mr. Schmitt is a little bit underemployed. I'm not saying that he should - what he should do to get a job because I don't want to tell anybody what to do to work. But he's only working 30 hours a week....
However, the Court find that maintenance is a proper award in this case taking into all consideration and the ability and the need of Mr. Schmitt. The Court awards Mr. Schmitt the amount of $500.00 per month for a period of three years ....
. Arnold first asserts that the trial court "failed to follow the standard maintenance methodology required by law" because it did not begin by equalizing their incomes. The starting point for a maintenance evaluation following a long-term marriage is to award the dependent spouse half of the total combined earnings of both parties. Bahr v. Bahr, 107 Wis. 2d 72, 85, 318 N.W.2d 391 (1982). This amount may then "be adjusted following reasoned consideration of the statutorily enumerated maintenance factors." Id. Here, the trial court did discuss equalizing the incomes, noting the unopposed calculation necessary to equalize incomes, but moved away from that figure right away because of the particular facts in this case, stating as follows:
n this particular case, Mrs. Schmitt does have the ability to pay some maintenance. Whether or not she has the ability to pay $2,533.00 a month is one question and whether or not Mr. Schmitt needs that amount of money is another. Now, I know that equalizing the income is something that one has to look at in a case like this but I also have to take a look at this is not your typical ... 39-year marriage. These two people have lived basically separate lives for at least, as far as I can tell, 15 years out of 38 years or more, although at one point they both lived in the same house but came and went as they saw fit.
. Arnold also claims error because the court "did not make any findings in regards to the standard of living of the parties." A goal of maintenance is to maintain the standard of living the parties enjoyed during the marriage. See Bahr, 107 Wis. 2d at 83. In reviewing the court's oral decision, we conclude that the court did make findings regarding Kathleen's and Arnold's standards of living. The trial court based its decision on its assessment that they had lived separate lives for a substantial part of their marriage. Kathleen is a real estate agent, who is socially active, generous in her charitable donations, and feels compelled to spend considerable money on clothes to maintain her professional image. Arnold, on the other hand, is a rural postal delivery person, who is less social, and who does not spend much on clothes or other business-related items. Kathleen took several vacations over the eight months prior to the divorce trial, a total of eight trips costing approximately $15,000. By contrast, Arnold only went on one vacation, costing $600-700, in the two years prior to the filing of this divorce action. These differences are clearly manifested in their different budgetary requests. A reasonable judge could conclude that
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