In Re the Marriage of Gavron

The issue in this appeal is whether the trial court abused its discretion in terminating spousal support to the 57-year-old wife based on the wife’s failure to become gainfully employed or to seek vocational training. Because there was no showing of a material change of circumstances since the court’s prior support order, the court did abuse its discretion. We reverse.

Facts

After being married for approximately 25 years and with one adult child, the parties separated in December of 1976. An interlocutory judgment of dissolution of marriage was entered in November of 1978, and a final judgment was entered on June 1, 1979. The court reserved jurisdiction and ordered on August 3, 1979, as part of its further judgment on reserved issues, that the husband pay spousal support of $1,100 per month until further order of the court. In May of 1981, the court denied without any findings the husband’s request to reduce the spousal support to $550 per month for a year and thereafter to terminate the support.

In June of 1986, the husband again sought a modification of the spousal support order and requested a termination of his obligation to pay spousal support. The parties filed…