In Re Marriage Of Mega

13 Cal. Rptr. 2d 799 (1992)

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Nature of the Case

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Facts

H and W were divorced on May 17, 1988, after being married 23 years. H's net disposable income was $4,700 per month. W, who was a nurse, had a monthly net disposable income of $1,900. H was ordered to pay $739 per month spousal support. In early 1991, H decided to pursue a life of religious observance and prayer. He resigned his job as a sales executive, joined an order of the Catholic church, and entered the Holy Trinity Monastery in St. David, Arizona. He supported himself from his savings and, though he was no longer employed, continued to contribute $875 per month toward his two adult daughters' college educations and expenses. H agreed to pay his 25-year-old daughter $300 per month, and his 19-year-old daughter $425 per month plus $150 a month for her car insurance, until they graduated and found employment. H then filed an order to show cause for modification seeking to terminate his obligation to pay spousal support. H stated his plan to become a Catholic priest. H estimated it would take four and a half to five years to become a permanent member of the religious order, prior to which time he could be asked to leave. H conceded the church might not permit him to become a priest because he had been married previously and would have to obtain an annulment before he could make his vows. H had not started the annulment process. He was not obligated to pay money to the church for his residence at the monastery, and the church supplied his food and drink. H had $4,873 in checking accounts, $16,379 in a savings account, and stock worth $73,000. He received $4,700 from his pension plan when he resigned his job. H gave $4,000 to the church. W testified her income was $28,000 per year at the time of the dissolution and that she had $70,000 in assets, including equity in her home. W's income increased 30 percent between the time of the dissolution and the time of the motion. The court granted H's motion and reduced spousal support to zero. It determined H was acting in good faith and did not resign his job to avoid his spousal support obligations. The court found that W had a capacity 'to be financially independent without a substantial reduction in her standard of living.' W appealed.