Boyle v. Boyle
231 Ariz. 63
| Ariz. Ct. App. | 2012Background
- After a 33-year marriage, Wife petitioned for dissolution; family court dissolved marriage and distributed property.
- Merrill Lynch investment accounts were the most valuable assets and were split evenly with offsets for Wife; Wife about $700,000, Husband $550,000.
- Wife was awarded spousal maintenance, deemed eligible under ARS §25-319(A)(2) and (A)(4) due to lack of self-sufficiency and long duration/age.
- Court considered §25-319(B) factors and found Husband could meet both parties' needs while retiring would limit his ability to do so.
- Upon retirement, Husband was required to pay $50 plus $5 handling fee monthly for 120 months; prior to retirement, $3,000/month while working.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eligibility for spousal maintenance under §25-319(A)(2)-(4) | Boyle argued Wife qualifies due to inability to be self-sufficient and long marriage. | Boyle did not contest grounds; no contrary argument presented. | Wife eligible under §25-319(A)(2) and (A)(4). |
| Reasonableness of the post-retirement maintenance amount | The $50/month is nominal and retained jurisdiction, not adequate support. | Court acted within discretion, balanced needs and ability to pay. | No abuse of discretion; $50/month supported by factors. |
| Retention of jurisdiction via nominal maintenance | Nominal award served to retain jurisdiction over the parties. | Neal-based critique not applicable; grounds exist for maintenance. | Not improper; award justified under §25-319(A)(2)-(4). |
Key Cases Cited
- Gutierrez v. Gutierrez, 193 Ariz. 343 (Ariz. App. 1998) (abuse of discretion standard for maintenance determinations)
- Hurd v. Hurd, 223 Ariz. 48 (Ariz. App. 2009) (record-supported discretionary rulings)
- Rainwater v. Rainwater, 177 Ariz. 500 (Ariz. App. 1993) (pre-1987 statutory context for maintenance)
- Elliott v. Elliott, 165 Ariz. 128 (Ariz. App. 1990) (economic support sufficiency and judicial findings)
- Neal v. Neal, 116 Ariz. 590 (Ariz. 1977) (nominal maintenance discussed in retention of jurisdiction context)
- Holby v. Holby, 131 Ariz. 113 (Ariz. App. 1981) (upholding nominal maintenance when supported by facts)
- Cullum v. Cullum, 215 Ariz. 352 (Ariz. App. 2007) (deference to reasonable maintenance amount under §25-319(B))