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In re Marriage of Olar

747 P.2d 676 (1987)

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In re Marriage of Olar

Colorado Supreme Court

747 P.2d 676 (1987)

Facts

Sally Olar (plaintiff) and Terry Olar (defendant) were married for 12 years, during which Sally worked full-time and Terry was a full-time student. Terry obtained a doctorate in physiology and biophysics just before the divorce. Because Sally and Terry operated largely on a single income stream, they acquired few marital assets. Sally filed for divorce and sought spousal support as compensation for her efforts working full-time to support Terry while he earned his doctorate. Sally alleged that Terry had agreed to support her education in turn once he completed his. Terry disputed Sally’s claim, argued that his doctorate was not marital property, and argued that Sally was not entitled to maintenance because she was self-supporting. The trial court held that Terry’s doctorate was not marital property, and that Sally was not entitled to maintenance because she did not meet the threshold of need. Sally appealed, and the court of appeals affirmed, ruling that maintenance could be used to equitably compensate a spouse for supporting the other through obtaining an education, but that meeting the statutory threshold of need was a prerequisite. Sally appealed.

Rule of Law

Issue

Holding and Reasoning (Vollack, J.)

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