Martinez v. Martinez

818 P.2d 538 (1991)

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Nature of the Case

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Facts

W and H were married in 1968. H was in the army, and the couple had three children between 1970 and 1975. H went to college and decided to go to medical school against the wishes of W. H graduated in 1981. H financed the education on his own with no financial contribution from W. W filed for divorce in 1983, and a decree was issued. The trial court found that H's gross annual income as a resident during 14 years of marriage was $100,000 and that W assisted extensively in H's obtaining his medical degree and that she had made substantial sacrifices. The trial court gave W the house and required her to make mortgage payments of $309 per month with H getting a lien of $17,678 for his half of the equity. W got $300 per month in child support per child and $400 per month in alimony for a period of five years with a condition of termination if she remarried. Debts for student loans were assigned to H and H got the tax exemptions on the children. The court then ruled that H's medical degree was not a marital asset subject to distribution but considered his right to practice medicine as it affected his income and ability to pay alimony and child support. W appealed. The appeals court increased the child support to $600 per month per child and awarded permanent alimony of $750 per month and gave the tax deductions to W. The court stated that W had earned a reward of permanent alimony in that she deserved some compensation for her joint sacrifices. The court called this equitable restitution. H appealed.