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In re Marriage of LaRocque

Supreme Court of Wisconsin

406 N.W.2d 736 (Wis. 1987)

Relevant factsFree

Daniel LaRocque (plaintiff), a lawyer and later a judge earning about $60,000 a year, filed for divorce from Rosalie LaRocque (defendant) after 13 years of marriage and five children. Rosalie held a psychology degree and worked occasionally as a substitute teacher, but was primarily a homemaker and caregiver. The trial court gave Rosalie the marital home, furniture, appliances, a car, and other property, but made her responsible for all related repairs and sale costs, and awarded only limited-term spousal support: $1,500/month for five months, then $1,000/month for 13 more months (18 months total), reasoning she could become a certified teacher starting around $12,000 within that window. Rosalie appealed the amount and duration as insufficient; the court of appeals affirmed the amount but reversed the duration, and the Wisconsin Supreme Court took the case.

IssueFree

Whether it is an abuse of discretion for a trial court to misapply or fail to apply the statutory factors for setting the amount and duration of a spousal-support award.

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