In Re Marriage of Baker

In this case involving a marriage of less than 10 years’ duration in which the supported spouse’s income from future employment was speculative, we hold that the trial court did not abuse its discretion in refusing to fix a termination date or a future step-down in the amount of spousal support. We also hold that it is premature to consider a claim that the order is erroneous because, without a future change of circumstances, it requires the payment of spousal support for a period far in excess of the length of the marriage. Even if there were no change of circumstances, the court possesses jurisdiction in the future to modify the order if, upon a proper motion, the court finds it would be just and equitable to do so.

Facts

Marilyn and Daniel Baker were married on January 7, 1978. It was the fourth marriage for Daniel and the second marriage for Marilyn. There were no children of this marriage and neither party had children by any previous marriage. The parties first separated on January 15, 1985, but reconciled in October. The reconciliation failed, and marital status was dissolved in a bifurcated proceeding on December 30, 1988. Marilyn was 51 at the time of the…