In Re Marriage of Duke

Kathleen Duke (Kathleen) appeals from portions of an interlocutory judgment of dissolution of her marriage to Joe Wilbur Duke (Joe). She quarrels with the amount of spousal support awarded; the failure of the court to order Joe to make the children beneficiaries of a private life insurance policy; the apportionment of attorney’s fees; certain factual findings by the court; and failure to defer the sale of the family home and allow her as custodial parent to remain there during the minority of the children.

We hold the trial court failed to exercise proper discretion when it rejected Kathleen’s request to defer the sale of the family residence in not balancing the significant emotional, economic and social impacts to the family unit of an immediate sale against foreseeable detriment to the noncustodial spouse. We reverse and remand for further consideration by the trial court on this issue alone in accordance with guidelines in the body of this opinion.

Factual background.

Kathleen and Joe were married twenty-three years, had three children and lived in the present family residence more than five years. As of the date of judgment, two children (13 and 16) lived in the…