Van Bussum v. Van Bussum, s. 86-CA-217-
| Decision Date | 20 February 1987 |
| Docket Number | Nos. 86-CA-217-,86-CA-223-S,s. 86-CA-217- |
| Citation | 728 S.W.2d 538 |
| Parties | Cynthia Grimm VAN BUSSUM, Appellant, v. Ritchie VAN BUSSUM, Appellee. and Robert Ritchie VAN BUSSUM, Cross-Appellant, v. Cynthia Grimm VAN BUSSUM, Cross-Appellee. |
| Court | Kentucky Court of Appeals |
Henry C. Neel, Henderson, for appellant/cross-appellee.
Dorin Luck, Henderson, for appellee/cross-appellant.
Before HOWERTON, C.J., and HAYES and REYNOLDS, JJ.
This appeal and cross-appeal stem from the dissolution of the parties' marriage. Each of the parties complains of the award of maintenance and of the allocation of marital debt. In addition, Mrs. Van Bussum complains that the award of attorney's fees to her is inadequate and Dr. Van Bussum asserts the trial judge erred in failing to assign him his G.E. stereo/radio as separate marital property.
The parties married in 1978, after Ritchie finished his first year of medical school. Cindy worked full-time for two of Ritchie's three remaining years in medical school. She did not work the last year of his schooling because of the birth of the parties' first child. After completion of three years residency in family practice, Ritchie accepted a position with another doctor in his hometown of Henderson. He moved his wife and two children there in July, 1984. Shortly after their arrival, Ritchie informed Cindy he wanted a divorce. Cindy and the children moved to St. Lucie, Florida, where her parents reside, at the end of July, 1984.
The trial judge awarded Cindy $650 per month maintenance for five years or until she dies or remarries. In his findings, the trial judge places emphasis on Cindy's desire to obtain additional education and to use the maintenance award as means of assisting her financially in this endeavor. We find this intention to be entirely proper, but we are convinced that Cindy is also entitled to "enjoy" through the maintenance award some benefit from the medical decree her contributions allowed Ritchie to obtain. Lovett v. Lovett, Ky., 688 S.W.2d 329 (1985), holds that these contributions (as a breadwinner, homemaker and mother) are factors to be considered in the award of maintenance. It seems clear that the sum of $650 per month is grossly insufficient to accomplish this purpose as well as to satisfy the aim of allowing Cindy to return to school in an effort to become more self-sufficient. We are thus of the opinion that the amount awarded constitutes an abuse of discretion. On remand, the trial court is directed to increase the amount of maintenance to a sum which will reflect Cindy's share in "the standard of living established during the marriage by the attainment of the professional degree and license," Lovett, supra at 333, and which will allow her to advance her education.
We find no merit, however, to Cindy's argument that she is unfairly penalized by the "death...
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