In Re Marriage Of Olar

747 P.2d 676 (1987)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

W and H were married in 1970 and separated in 1982. When the couple separated, W was unaware that she was pregnant with their only child. By the time the decree was issued, W was an unemployed full-time student with an eleven-month-old child living with her parents. H was earning $35,000 per year as a laboratory manager. At the time of their marriage, W had graduated from high school, and H was in his first year of undergraduate studies. During their 12-year marriage, all except for one year was spent by H as a full-time student. H was working towards his doctoral degree in physiology and biophysics. W worked full time during the marriage and was a bookkeeper with a gross income of $1,200 per month. After the dissolution, W moved in with her parents who provided her and the child with room and board for $400 per month which the parents advanced her as a loan to be paid back when possible. W was attending school. H's actual educational costs were financed by veteran's benefits, tuition waivers, student loans, fellowships, and graduate study stipends. H also got an $8,000 inheritance, and that was used as a down payment on a mobile home. They had little or no marital assets. W filed for dissolution and claimed that she was entitled to maintenance based on her working to provide H with his doctoral degree. W claimed an agreement with H whereby he would support her to get a college education after his was complete. H denied this agreement and claimed that his degree was not marital property and W was capable of supporting herself. The trial court held that W was not eligible for maintenance. W got $350 per month child support. W appealed.