The trial court awarded wife $12,500 per month in maintenance. In addition to $1.64 million in marital property. This was equal to the family business that husband would keep. Husband appealed the maintenance award.
The Appellate Court reversed. A large portion of the property to wife produced income. This property gave her enough income to maintain her lifestyle.
The Appellate Court stated that wife will never generate the income that husband does. But, there is no need for wife to work.
In some cases, the family business may constitute almost all of the assets. It may be necessary to award that business to the operator of the business. Then, compensate the other spouse through maintenance.
That is not true in this case. Wife received substantial assets. This included a $876,759 lump-sum payment. That is similar to maintenance in gross (lump sum).
Wife made important contributions to the business in its early years. She has been compensated for those contributions.
In re the Marriage of Bratcher, No. 4-07-0621.