Van Klootwyk v. Van Klootwyk

NEUMANN, Justice,

concurring specially.

[¶ 24] The dissent points out that many of the facts relied upon by the majority (unnecessarily, I think) to support its decision were disputed or were balanced by countervailing factors and considerations in the evidentiary record. While that may be true, it overlooks the fact that the trial court, in finding Michelle was not disadvantaged by the divorce, clearly applied the minimalist concept of spousal support, a concept this court has not adopted in the past and which this court now clearly (and correctly, I think) rejects.

[¶ 25] Beyond that, I write separately to emphasize Michelle Van Klootwyk’s work history. When the parties married she had only a high school education and very little work experience. During most of the marriage, she deferred any effort to pursue an education and a career of her own in order to make a home for Robert Van Klootwyk and care for his children, while he pursued his own career through 27 or 28 moves across the country. It was not until 1987, that Michelle began going to college. Her efforts led to a bachelor’s degree in nursing in 1991, and ultimately to a nurse practitioner’s degree in 1996, some 29 years after the marriage.

[¶ 26] I suggest that any one who attempts to begin a career at Michelle’s stage in life, after deferring meaningful work and education for 24 years in order to support her husband’s pursuit of his own career, a career the fruits of which she will no longer share, is presumptively disadvantaged by her divorce. I would also argue that Robert Van Klootwyk has shown nothing which would overcome that presumption.

[¶ 27] I, therefore, concur in much of the majority opinion, and in its result. The trial court’s finding that Michelle Van Klootwyk is not disadvantaged by this divorce is clearly erroneous and must be reversed. The case must be remanded for consideration of an appropriate award of spousal support.

[¶ 28] William A. Neumann