Van Klootwyk v. Van Klootwyk

VANDE WALLE, Chief Justice,

concurring and dissenting.

[¶ 29] I agree Michelle Van Klootwyk is entitled to spousal support to enable her to dispose of the $18,000 debt for educational costs for her postgraduate degree. It is, after all, her degree which enables her to earn an income that, although less than Robert Van Klootwyk’s income, is sufficient to determine she is not further disadvantaged by the divorce.

[¶ 30] I would not leave the issue as open-ended as does the majority opinion, i.e., “spousal support consistent with Robert’s ability to pay.” This is, after all, a matter of spousal support, not child support, and ability to pay is only one factor.

[¶ 31] Gerald W. Vande Walle