## Facts

- Robert J. Van Klootwyk and Michelle L. Van Klootwyk married in 1967 and divorced after a nearly 28-year marriage; their two children were adults at trial.
- Robert developed a management career in the radio industry, requiring approximately 27–28 relocations during the marriage; he earned about $76,000 gross in 1995 as a radio company operations director.
- Michelle entered the marriage with a high school education and minimum-wage work history and primarily served as homemaker and caregiver, working intermittently in low-wage jobs.
- After the children were older and following many relocations, Michelle pursued postsecondary education, ultimately earning a B.S. in nursing in 1991.
- Michelle worked as a nurse and pursued nurse-practitioner training, incurring substantial student loan debt.
- The district court denied Michelle spousal support, finding she was self-supporting and not economically disadvantaged by the divorce.

## Issues

1. Whether the district court clearly erred in finding Michelle was not economically disadvantaged by the divorce and denying rehabilitative spousal support.

## Decision

- The Supreme Court of North Dakota reversed.
- The court held the finding that Michelle was not disadvantaged and did not need rehabilitative spousal support was clearly erroneous.
- The case was remanded for determination and award of rehabilitative spousal support consistent with the court’s opinion.

## Legal Principles

- Rehabilitative spousal support is an equitable doctrine intended to assist a disadvantaged spouse toward self-support reasonably comparable to the marital standard of living, considering the length of the marriage, prior lifestyle, and marital sacrifices.
- A court errs by treating rehabilitation as satisfied merely because the recipient can meet basic needs; rehabilitative support is not limited to minimal self-sufficiency.
- Economic disadvantage may be shown where a spouse’s domestic and caregiving role and frequent relocations for the other spouse’s career limited the spouse’s early career development, earnings growth, and accumulation of employment benefits.
- In assessing disadvantage and need, courts may consider earning-capacity disparity at divorce and the continuing economic effects of marital role allocation, including educational debt incurred to obtain employable skills later in life.

## Conclusion

Because the long marriage and repeated relocations facilitated Robert’s higher earning capacity while leaving Michelle with delayed career development, lower earning capacity, and substantial education debt, the denial of rehabilitative spousal support was clearly erroneous and required reversal and remand for an appropriate support award.


Van Klootwyk v. Van Klootwyk, 563 N.W.2d 377 (N.D. 1997)