In Re Marriage of Wilson

Elma Wilson appeals an order terminating her spousal support after 58 months following a 70-month marriage. Having found her permanently disabled and her former husband able to pay continued support, the trial court weighed the length and nature of the marriage, and the duration of spousal support payments and ruled husband no longer had the legal obligation to support his former spouse. Because we find no abuse of discretion, we affirm the order.

Factual and Procedural Background

Thomas and Elma Wilson (Tom and Elma) were married in May 1976 and separated in March 1982, after 70 months. Elma was injured in a fall two years before separation. As a result of her injuries or subsequent infection following dental work, she could no longer work as a bartender. In 1983 her doctor believed her neurologic deficit would remain permanent but recommended some rehabilitation to enable her to pursue work which would not require verbalization. A clinical psychologist opined Elma suffered brain damage which left her “lacking in social judgment, common sense, and social intelligence.” The psychologist felt Elma would probably not succeed where she had to make decisions using common…