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[T] In re Marriage of Decker-Sidmore11/26/2003
sity, work for the Department of Vocational Rehabilitation or work as a human resource manager with her academic master's degree.
. The trial court also found Barbara has reduced her earning capacity because of her alcohol abuse resulting in the ethical violation. The trial court found her gross income for the last six years to be $1,217. The trial court further found that at the time of trial, Barbara earned $7.00 an hour, although she had charged up to $35.00 an hour as a substance abuse counselor. The trial court additionally found Barbara's living expenses to be approximately $2,500 per month.
. Kenneth also completed the counselor training program at the Mental Health Institute in Independence, Iowa, in or about 1994 or 1995. Kenneth has worked as a heavy equipment operator for most of his adult life except during the time he served as a substance abuse counselor due to a back injury . The trial court further found Kenneth's gross income for the last six taxable years to be $263,910. The trial court also found Kenneth earned at the time of trial approximately $50,000 per year and determined this to be his earning capacity.
. The issues of maintenance and property division were tried to the court. In determining that Barbara's school loans were marital debt, the trial court found that the parties had used some of the money for living expenses, permitting Barbara to attend college rather than work. In determining maintenance, the trial court considered the length of the marriage, when Barbara would be able to complete her master's degree, Barbara's debt load, Barbara's lack of reasonable effort to use her education, Barbara's work history, Barbara's income for the last six taxable years, her living expenses and the parties' marital standard of living. The trial court also considered Kenneth's earning capacity, his gross earned income for the last six taxable years, Kenneth's unreimbursable employee business expenses and Kenneth's ability to supplement his income with work while unemployed from early December through March.
. The trial court concluded, under the fairness objective of maintenance, that Kenneth should pay Barbara maintenance for four years which, the court reasoned, was long enough to permit her to complete her master's degree and to become self-supporting at a standard of living reasonably comparable to when the parties were married. The trial court then ordered Kenneth to pay Barbara $992 per month in maintenance. To determine this amount the trial court equalized the parties' income. Kenneth appeals.
DISCUSSION
. Kenneth argues that Barbara's school loans are not marital debt because Barbara never used her education for the benefit of the family and because there is no proof that any part of the loans was used for family living expenses. "Marital assets and debts (collectively, the marital estate) include all of the property and obligations of either party that were acquired before or during the marriage unless specifically exempted by statute." McLaren v. McLaren, 2003 WI App 125, , ___ Wis. 2d ___, 665 N.W.2d 405. See also Wis. Stat. § 767.255 (2001-02). The division of the marital estate lies within the sound discretion of the trial court. McLaren, 2003 WI App 125 at . We must sustain discretionary determinations if we find that the trial court examined the relevant facts, applied a proper standard of law and, using a demonstrated rational process, reached a conclusion that a reasonable judge could reach. Id.
. Here, the trial court did not misuse its discretion when it found the student loans to be marital debt. Wisconsin Stat. § 767.255(3) provides that all property not inherited or gifted is to
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