Levandowski v. Levandowski

MR. JUSTICE MORRISON

concurring:

I concur but do not thereby approve of dividing the marital estate as was done here. There is a significant difference in the future earning capacity of the husband and wife. Though the husband has the greater opportunity to acquire future assets the wife received less than half the estate. See Smith v. Smith (1981), 191 Mont. 200, 622 P.2d 1022, 38 St.Rep. 146; Tefft. v. Tefft (1981), 192 Mont. 456, 628 P.2d 1094, 38 St.Rep. 837.

Only because the wife does not here complain do I vote to affirm.