In Re Marriage of Kastelic v. Kastelic
No abuse of discretion in ordering wife to sell home after she finishes her education.
No abuse of discretion in ordering wife to sell home after she finishes her education.
Trial court affirmed for awarding home to wife despite testimony by husband’s psychiatrist that living in the house would benefit husband because he enjoys gardening and household tasks. These could be done at other locations.
Where prenuptial agreement waived homestead protection, husband did not need to approve subsequent transfer of ownership. Homestead protection can be waived in a prenuptial agreement.
A wife who has given birth and raised three children has made a significant contribution to the acquisition of the family’s estate.
It would be an abuse of discretion for this court to require the mother to take employment when her time should be devoted to providing a proper family life for her four children.
The contribution of a full time homemaker housewife may be considered greater than, or at least as great as, that of a working wife.
The contribution of a full-time homemaker may be considered greater than, or at least as great as, that of a working spouse in dividing property upon divorce.
Finding that each party contributed to the marriage is not clearly erroneous where no children were born, but wife took care of house.
Use of a coverture fraction to divide a retirement plan may be appropriate, but not in this case because the trial court considered the husband’s financial contributions to be greater than the wife’s contributions as homemaker and primary child caretaker.
The court had authority to order husband to pay wife’s medical expenses where he did not cooperate in the conversion of health insurance coverage as required by the divorce judgment.