(concurring in part and dissenting in part).
Basically, I concur with the property division award and dissent to the alimony award in the amount of $415.00 per month.
Furthermore, it is my opinion that footnote 3 contains editorial comment which is not in keeping with either facts or applicable law used to decide this case. It is obvious that the first and last sentences thereof are intended to laud the industrious, thrifty nature of wife. Then, the majority opinion portrays a scenario, with two sentences linked to footnote 3, that she is relatively poor and he is relatively rich. Hence, the leap of induction is to implement a modem day Robin Hood theory: Take it from the rich and give it to the poor.
The alimony award is apparently based upon, inter alia, John’s refusal to control the passing of gas. As gas passing is a body function of ordinary human beings, it should not be so severely punished by a monthly alimony or rehabilitative alimony award. Consider that this marriage was of a short duration. In point of fact, it appears that it lasted approximately five months. Moreover, there were absences within that time window.
Apparently the trial court also based its opinion upon an improper criteria, namely that “the defendant is a single mother and the plaintiff has no other ties. I think that should be taken into consideration.” Five months earlier, the same social condition existed, i.e., she was a single mother before the marriage. Thus, it appears that such a situation “cannot be laid at [John’s] door.” Ryken v. Ryken, 440 N.W.2d 300, 303 (S.D.1989). However, it was.
There appears to be no evidence of Connie ever having been unable to enhance her working skills during this short marriage nor did she forego any opportunities of improvement. She is self-sufficient. See Johnson v. Johnson, 471 N.W.2d 156, 163 (S.D.1991); Baltzer v. Baltzer, 422 N.W.2d 584 (S.D.1988). The trial court failed, and thus erred, to consider the very short duration of the marriage. Vander Pol v. Vander Pol, 484 N.W.2d 522, 525 (S.D.1992).
In my opinion, the facts simply do not warrant rehabilitative alimony. Brooks v. Brooks, 470 N.W.2d 827, 829 (S.D.1991).
*662Prom the beginning, this appears to have been a marriage which was doomed. Both parties shared in their apparent ill-conceived contract; therefore, both parties should equally share in its failure. Not all of the fault should be directed towards John. An award of rehabilitative alimony or alimony, per se, is not, on this record, supportable. It is clearly against reason and evidence and there is an abuse of discretion. Straub v. Straub, 381 N.W.2d 260, 261 (S.D.1986); Herndon v. Herndon, 305 N.W.2d 917 (S.D.1981).
The dissertation, in the majority opinion, on “genital warts” is a needless infliction of emotional pain upon John. These parties cohabited from on or about November 1, 1992, and then married on January 22, 1993. She had to have known of any genital warts before she went on a honeymoon and subsequent thereto. Furthermore, another factual assumption, without any foundation of fact in the record, is that there “were implications that John has homosexual tendencies.” According to the text of the majority opinion, there is not one fact to establish this and there is nothing in the Findings of Fact by the trial judge to base such a statement upon. An intuition is not a fact.
Gas passing by John for retaliation, says Connie. Intentional, says Connie. “A controlled thing,” she says. Such testimony, and the majority opinion’s reliance thereon, caused me to browse a collegiate book by Gideon E. Nelson of the University of South Florida, Biological Principles with Human Perspectives, 3-11 (John Wiley & Sons, Inc. 1980). Noted at page 7 is a dissertation on how new biological knowledge is attained. Thereat, it is expressed that scientists, by research efforts, particularly in areas of special interest to them, make a significant contribution by challenging an existing theory. “The crucial beginning step is to design significant questions for the investigation to answer.” These questions are, according to this treatise, stated in the form of a “hypothesis.” It is assumed, by this writer, that the intentional, retaliation theory, used as legal rationale herein by the majority opinion, is in the form of a biological hypothesis. “Hypothesis, that is, an unproven conclusion that challenges or extends an older conclusion and thus provides a basis for further investigation and experimentation.” Before us, there is no professional testimony or data to support Connie’s statement. This statement apparently conveys that John can withhold gas and expel it, when he decides to do so, to purposely annoy Connie. Her hypothesis that he can control his gas and emit it, at his whim, to retaliate against her, without “further investigation and experimentation” is highly questionable.
Here is my editorial comment: It appears the price of gas is going up in Sioux Falls.
I am authorized to state that Justice AMUNDSON joins this special writing.