Snyder v. Snyder

787 N.W.2d 727 (2010)

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Snyder v. Snyder

North Dakota Supreme Court
787 N.W.2d 727 (2010)

Facts

After 32 years of marriage, David Snyder (plaintiff) filed for divorce from Anne Snyder (defendant). Fifty-six-year-old David earned an annual income of approximately $110,000. However, a portion came from overtime, which David claimed was not sustainable because of his increasing age and the work’s physical demands. David’s job also came with retirement benefits, which he was eligible to receive at 60. Fifty-one-year-old Anne Snyder did not work for most of the marriage but earned a small income from a home-based daycare in recent years. Anne sought $2,500 per month in spousal support. The trial court concluded that David’s high income, combined with his low living expenses, rendered him able to pay support. It also concluded that Anne, who had limited education and a lack of work experience, needed support. Additionally, the court considered that David’s drinking and verbal abuse had harmed the marriage. The court ordered David to pay Anne $2,500 per month in spousal support for 15 years, then $1,000 per month indefinitely. Also, in response to a posttrial request by Anne, the court ordered David to maintain a $250,000 life-insurance policy as security for the support obligation. David appealed, arguing that the trial court erred by (1) failing to consider his upcoming retirement when determining the amount and duration of support and (2) ordering him to maintain an insurance policy without giving him an opportunity to address that issue and without considering the cost for him to obtain the required policy.

Rule of Law

Issue

Holding and Reasoning (Crothers, J.)

Concurrence (VandeWalle, C.J.)

Concurrence/Dissent (Maring, J.)

Concurrence/Dissent (Sandstrom, J.)

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