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Young v. Young3/22/2002
the benefits."
In contrast, appellant, who is fifty-five years old, graduated from high school. During the marriage, she worked as a nurse's aid, a secretary, a receptionist, and a bookkeeper. However, as noted earlier, in December 1981, she became disabled as she sustained a back injury and shattered her leg and was subsequently declared permanently totally disabled.
As for her expenses, the trial court determined that appellant's monthly expenses are $2,800, which includes $940 in expenses that are paid by her daughter. Further, appellant receives $1,058 per month in disability income, claims she is unable to work and that she does not qualify for social security benefits:
"The Court: Do you have a pension coming in, eventually, Social Security ?
"The Witness: I don't qualify for it. No, ma'am.
"The Court: Why not?
"The Witness: Because I don't have enough quarters in - they call it `quarters in.'
"The Court: So, the pension you will get will be your one half of the account that will be transferred over to you from your husband?
"The Witness: Yes, they told me I was entitled to Social Security - to half of his [appellee's] Social Security.
"The Court: You will get your own share when he gets his?
"The Witness: Yes. I have no Social Security coming in."
However, in addition to the award of spousal support, appellant was awarded one-half of the sale proceeds from the marital residence and a one-half interest in the SEP account. As previously mentioned in this opinion, appellant may be eligible to draw on this account in five years, when she is fifty-nine and a half years old.
Under these particular circumstances, we hold that there was no abuse of discretion in the trial court setting the amount of spousal support at $800 per month for five years, particularly when the court retained jurisdiction to modify the spousal support award. Based on the foregoing analysis, appellant's lone assignment of error is without merit, and the judgment of the trial court is affirmed.
JUDGE JUDITH A. CHRISTLEY
FORD, P.J., GRENDELL, J., concur.
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