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Ansley v. Ansley2/29/2000
Joan Ansley (Wife) appeals the trial court's judgment and decree of dissolution of her marriage to Eugene Ansley (Husband). Wife alleges the trial court erred: (1) in failing to award spousal maintenance to Wife because her only assets were non-income producing assets and the evidence established that Wife had been out of the workforce for a number of years and that her job skills were insufficient to support herself without maintenance; (2) in ordering Wife to be solely responsible for the monthly mortgage payments and upkeep on the marital residence pending its sale, because doing so forced Wife to dissipate her marital and non-marital assets, resulting in a windfall to Husband; (3) in setting aside to Husband certain investment accounts as his non-marital property because the only reliable evidence established that the accounts were acquired during the marriage; and (4) in failing to award Wife attorney's fees because the evidence showed that Wife did not have sufficient resources to pay her attorney's fees and Husband's financial condition was far superior to Wife's financial condition. Because we find that the trial court acted within its discretion in resolving the property, maintenance and attorney's fee issues, we affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
Joan Ansley (Wife) and Eugene Ansley (Husband) were married on November 22, 1980, in Atlanta, Georgia. At the time of the marriage, both Wife and Husband were gainfully employed. Husband had a successful career in the banking industry. Wife had a Bachelor's Degree in Economics and a Masters of Business Administration in Finance and worked as a manager in the area of computer software development. In April 1983, Husband and Wife had their first child, Eugene III, and Wife quit her job in order to stay at home. A second child, William, was born in September 1984.
In January 1990, Husband was transferred to a position in the Kansas City area. The family purchased a $425,000 home in Kansas City, Missouri and enrolled the children at Pembroke Hill School. Wife remained at home to care for the children, but participated in several volunteer activities, including administrative work at the Pembroke Hill school office, and computer work for the Junior League. In 1995, Husband was laid off from his place of employment and was given a severance package for the remainder of the year. In January 1996, Husband took a new job in Atlanta, Georgia. Wife and the two children remained in Kansas City, but were to move to Atlanta to be with Husband as soon as the marital residence was sold. In April 1996, before the house was sold, Husband told Wife that he no longer wanted to remain married. In July 1996, Husband filed a Petition for Dissolution of Marriage in Jackson County, Missouri.
From the date of filing until the dissolution hearing was held on November 13, 1997, Wife remained unemployed. She said she did so in order to prepare the home before placing it on the market for sale. Husband sent Wife approximately $6,000 per month during this time in order to assist Wife with expenses, including the $2,500 monthly mortgage payment on the house. In August 1996, Husband's monthly payments to Wife ceased due to the fact the funds from his severance pay had been depleted. Husband, however, continued to pay the mortgage payment on the marital residence through July 1997. Since August 1997, Wife has been responsible for the mortgage payments.
Following the hearing on November 13, 1997, the trial court entered a judgment dissolving the Ansleys' marriage. The court awarded Husband and Wife joint legal custody and joint physical custody of the two children. Husband was ordered to pay the full cost of the child
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