In RE MARRIAGE OF GERTH v. Gerth
Sep 24, 1990OUTCOME: affirmed in favor of my client
Lois Gerth appeals the portion of a divorce judgment that denied her request for maintenance following the termination of her twenty-year marriage to Frank Gerth.[1] Lois contends that because of the d ... isparate earnings between Frank and herself, the court abused its discretion by not requiring Frank to pay maintenance. Because we conclude that the court properly applied the relevant law to its factual findings, we affirm the judgment. The court held that while their incomes are different, Lois worked throughout the marriage and suffered no loss of earnings or earning capacity as a result of the marriage. This is not a situation where one spouse left either school or the work force to raise their children or take care of their home. The court also found that Lois' efforts did not increase Frank's earning capacity. The court determined that it was fair for the parties to have different income levels if those levels were unaffected by the marriage and obtained only through their own natural abilities and hard work.
