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THEISS v. THEISS

No. 16464.

735 P.2d 992 (1987)

112 Idaho 681

Elaine THEISS, Plaintiff-Respondent, v. James F. THEISS, Defendant-Appellant.

Supreme Court of Idaho.

March 20, 1987.

Attorney(s) appearing for the Case

Daniel T. Eismann, and Roderick B. Wood, of Eismann & Wood, P.A., Caldwell, for defendant-appellant.

Renae Hoff, of Gunn & Hoff, Caldwell, for plaintiff-respondent.

DONALDSON, Justice.

This is a divorce case involving the award of temporary spousal maintenance. The question presented is whether I.C. § 32-705 allows for temporary rehabilitative maintenance to enable a spouse to obtain a college degree even though she is presently capable of finding employment without that degree. The magistrate awarded the maintenance, and the district court, acting in an appellate capacity, affirmed. For the reasons explained below, we vacate...

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