Schroeder v. Schroeder

161 Ariz. 316 (1989)

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Schroeder v. Schroeder

Arizona Supreme Court
161 Ariz. 316 (1989)

Facts

In 1983, Bernadine Schroeder, a 50-year-old homemaker who had raised five children, and Harold Schroeder, a 50-year-old engineer, divorced after 30 years of marriage. Bernadine was awarded $600 per month in spousal maintenance for a period of four years or until her death or remarriage. After the divorce, Bernadine worked as a filing clerk for $950 per month, which did not cover her living expenses. Although she had been awarded a home as part of the community property division, she could not afford to remain in it and instead moved into a mobile home. In 1987, Bernadine was diagnosed with cancer and underwent surgery and chemotherapy. Although Bernadine was able to continue working, her treatment caused her to accumulate medical bills. By 1987, Harold earned $41,000 per year and was married to his second wife, who was employed outside of the home. At the end of the fourth year of spousal maintenance payments, Bernadine filed a motion for modification of spousal maintenance, and the court ordered Harold to continue to pay spousal maintenance until Bernadine’s death or remarriage or until further order of the court. Harold appealed.

Rule of Law

Issue

Holding and Reasoning (Minker, J.)

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