Turner v. Turne

385 A.2d 1280 (N.J. Super 1978)

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Nature of the Case

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Facts

H and W were married for 22 years. There are three children, one of whom is emancipated; the wife has custody of the others, who are 13 and 17 years of age. The 17-year-old will graduate high school in June 1979 and probably go on to college. The 13-year-old has not displayed college potentiality at this moment. W is 45 years of age and has attended Ohio State University. In the past seven years, she has taken part-time employment, including as a reading teacher at a private school. Several years ago, she matriculated at Kean College and will graduate in August 1978 (some six months hence) with a degree as a Reading Specialist. Upon graduation, she anticipates earning $12,000 a year. In addition, when the house is sold in the summer of 1979 (because it will be too large for only the wife and one child), the wife will have received equitable distribution from all sources of at least $80,000 in cash. The husband will provide support for the children, including their college expenses. Her obligations will essentially be limited to maintaining herself. H is 49 years of age and a civil engineer who earned $31,000 in 1977. In addition, he receives a military pension of about $5,000 a year. H lost his left leg in a military accident before the marriage. His right leg sustained serious damage, and its condition has progressively deteriorated. He is seriously concerned that he may also lose his right leg which he believes will prevent his continued employment.