In Re Marriage of Emmanuel J. Otis, Respondent v. Georgia Contos Otis, Appellant

Summary

The court affirmed a divorce decree limiting maintenance to four years, holding that the 1978 maintenance statute requires the spouse seeking maintenance to satisfy both the property-insufficiency and inability-to-support conditions. Because the trial court found that Mrs. Otis was healthy, had substantial property, and could earn income with additional training, and because no transcript permitted review of those findings for clear error, the termination provision was upheld. Justice Otis, joined by Chief Justice Sheran and Justice Wahl, dissented, arguing that the statute should not be applied to impose a sharp change in expectations after a 25-year marriage and that indefinite maintenance was warranted.