Shurtliff v. Shurtliff

Karen Shurtliff (plaintiff), a homemaker, and Donald Shurtliff (defendant), a railroad worker, married in 1959. Karen did not finish her high-school studies, and Donald did not allow Karen to work or pursue an education during the marriage. Donald controlled the community finances, and the community acquired more debt than assets. Karen filed for divorce in 1984, alleging that Donald was guilty of adultery and extreme cruelty. Karen petitioned the trial court for spousal maintenance, a disparate division of community debt, and attorneys’ fees. Before trial, Karen earned a two-year nursing degree and achieved a gross monthly earning capacity of $800, while Donald earned a net monthly salary of $2,500. The trial court found that Donald was guilty of adultery and granted the divorce to Karen. The trial court ordered Donald to pay Karen’s attorney’s fees of about $6,700. The trial court also ordered Donald to pay Karen $2,150 per month for five years for spousal maintenance and educational expenses; the payment of spousal maintenance and educational expenses left Donald with $350 per month from his net salary. The trial court granted a disparate division of community property to Karen by assigning the entire community debt to Donald. The trial court ordered Donald to use community tax refunds of about $17,000 towards the debt, but Donald did not obey the court’s order and had to pay $600 per month to pay the debt. Donald appealed, and the district court affirmed the trial court’s order. Donald appealed again, arguing that the trial court wrongly ordered a disparate division of community property.