In re the Marriage of Hutchings

Elizabeth Hutchings (plaintiff) and Dean Hutchings (defendant) were married for 22 years and had four children. By mutual decision, Elizabeth stayed home to raise the children for 16 of those 22 years. Elizabeth filed for divorce in 2005. After the separation, Dean purchased a newly built, 1,600 square foot house and moved there with his girlfriend, with whom he also travelled monthly. Elizabeth moved into a one-bedroom apartment with three of the parties’ children. At the time of the divorce, Elizabeth worked full-time as a birth-certificate clerk and was earning the maximum possible in that role, approximately $23,000, with no opportunity for advancement because she only had a high-school diploma. Elizabeth testified she wanted to become self-supporting by earning a master’s degree in social work, which would allow her to earn up to $39,000 per year. Elizabeth started classes toward her degree in January 2008 and expected to graduate in five years. Dean earned more than $70,000 per year plus additional cash income. During the pendency of the divorce, Dean paid combined child and spousal support to Elizabeth. After the last child aged out of child-support eligibility in June 2007, Dean paid Elizabeth $900 per month in alimony alone. At trial, Elizabeth testified that $900 per month left her with a substantial shortfall on her basic living expenses and that she needed additional support while she pursued her master’s degree. Dean argued that he did not need to pay alimony and should get credit for the amounts paid through the date of trial. The trial court awarded Elizabeth $250 per month for three years, and the court of civil appeals affirmed. Elizabeth appealed, arguing the court failed to apply the appropriate factors in determining her award.