In Re Marriage of Dietz

INTRODUCTION

Following the entry of the judgment dissolving their marriage, Park E. Dietz and Laura B. Dietz entered into a stipulated judgment in 1999, in which they divided their community property, including their retirement accounts, and agreed Park would pay Laura monthly spousal support. In 2007, Park sought a court order terminating or, alternatively, reducing his spousal support obligation.

After the hearing, the trial court found that a material change of circumstances had occurred since the stipulated judgment because (1) Laura had reached an age at which she could access her share of the retirement accounts without penalty; and (2) she had realized appreciation in securities (securities) she owned. The court ordered Park’s monthly spousal support obligation be reduced, and denied Laura’s request that Park contribute toward her attorney fees and costs.

Laura contends the trial court erred by reducing Park’s spousal support obligation because no material change of circumstances had occurred to warrant such a modification. She also challenges the trial court’s denial of her request for attorney fees and costs.

We reverse. As discussed in detail, post, the…