In Re Marriage Of Wilson

201 Cal.App.3d 913 (1988)

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Nature of the Case

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Facts

H and W were married in May 1976 and separated in March 1982, after 70 months. W was injured in a fall two years before separation. As a result of her injuries or subsequent infection following dental work, she could no longer work as a bartender. W suffered brain damage which left her 'lacking in social judgment, common sense, and social intelligence.' The psychologist felt W would probably not succeed where she had to make decisions using common sense. H received his Navy pension and a Volkswagen while W took the house, a Jaguar automobile, and spousal support of $500 per month for two years plus medical insurance coverage for the same period. In September 1985 W sought continued spousal support. She anticipated further brain surgery in one to two years. The trial court extended the $500 per month spousal support for one year. After considering W's serious physical problems, the court went on to explain this was not a lengthy marriage, there were no children born of the marriage, and the ages of the parties at the time of the marriage indicated they had established their lives before they married. In April 1986, the court temporarily reduced support to $350 per month when H was unemployed. In September 1986 W once again sought continuing spousal support, claiming she was still unemployed and neither rehabilitated nor capable of rehabilitation. H argued W should not be entitled to lifetime support from him based on a 70-month marriage. The court found Tom, age 46, had the earning capacity to continue to make support payments and Elma, age 48, had a need for such payments because she was both disabled and could not regain her previous income earning status. The court considered the length of the marriage and the 58-month length of the spousal support period. The court found that it is society's duty at this point in time to assist W. The court continued support for four months and then terminated it. This appeal resulted.