Wessels v. Wessels

542 N.W.2d 486 (1995)

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Nature of the Case

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Facts

H and W were married in 1966 while he was a medical student, and she was a nursing student. After receiving her degree in 1968, W worked to help support the couple while H completed medical school. After graduating from medical school, H practiced at several army bases as part of his military service. W worked until the birth of a son in 1970 and a daughter a year later. W then took care of the children and family while H pursued his medical career. Both children are grown. In May 1986, after twenty-one years, the parties were granted a dissolution. The dissolution decree adopted the parties' stipulation wherein H would pay rehabilitative alimony in the amount of $3100 per month for a period of sixty months. H would also pay an additional $700 per month (up to a two-year maximum) if W attended a full-time, postgraduate program. W agreed to make every reasonable effort to become self-sufficient. At the time the dissolution, W had already begun to experience psychiatric problems. In 1985, she was diagnosed as suffering from major depression and chronic posttraumatic stress disorder. The psychiatric problems also caused reflux esophagitis, ulcers, hiatal hernia, chronic lower back pain, psoriasis, and Raynaud's disease. W attempted to enroll in college but was rejected from the masters' program due to inadequate undergraduate grades, and was subsequently forced from her studies due to a psychiatric episode that led to hospitalization. W turned to work but was again hospitalized with another episode. W has had twelve psychiatric hospitalizations since the dissolution. Her current treating psychiatrist states she is not currently capable of holding a job. Except for alimony W's only other income is $400 in monthly social security disability benefits and from a renter who pays $300 per month in rent. H's professional career as an anesthesiologist has flourished. His income in 1993 was expected to reach $300,000. He also expected to receive an additional $100,000 in income that year from investments. One month before alimony was to expire, W filed her petition to modify the decree. W contends that the rehabilitative alimony should be continued or converted into permanent alimony. The court found unforeseen changed circumstances and ordered H to pay alimony of $3100 per month to Yvonne until the death of either party or until otherwise ordered by the court. H appealed.