In re Marriage of Bernay

Court abused its discretion in, after hearing, granting husband's petition to terminate wife's permanent maintenance, finding substantial change in circumstances including husband's illness, reduced salary, and imminent retirement. Court gave no meaningful deference to prior determinations in the case. A recipient of permanent maintenance is entitled to maintain standard of living established in the marriage as long as the payor spouse has sufficient assets to meet his needs and the needs of his former spouse. Evidence showed that husband had such assets, and thus maintenance should not have been terminated. (HUDSON and BIRKETT, concurring.)