In Re Marriage of Teegarden

Byron Teegarden (husband) appeals from that portion of the interlocutory judgment of dissolution of marriage denying him an award of spousal support. He contends the trial court abused its discretion (1) in denying him a continuance when he was unable to attend the trial due to his illness; and (2) in denying him spousal support and refusing to retain jurisdiction over the matter.

Facts

Husband and wife were married December 18, 1971, and separated June 5, 1979. There were no children.

Until husband became ill in 1977, both had been gainfully employed. While his illness was not diagnosed at the time of separation, it was later identified as lupus. Due to this illness, husband was receiving disability benefits.

Husband did not request spousal support at the time of separation in June 1979. He did so, however, after wife filed the petition for dissolution on August 7, 1980, and he was awarded temporary spousal support of $250 per month, commencing on August 1, 1981, continuing through November 30, 1981, or the date of trial, whichever came first.

Trial was set for November 9, 1981. On the preceding Friday, husband allegedly notified his attorney that he was ill and…