Hecker v. Hecker

Why This Case Matters

Spousal maintenance (sometimes called alimony) is sometimes awarded on a temporary basis with the expectation that the recipient will become self-supporting. But what happens when years pass and the recipient still cannot support themselves? Hecker v. Hecker answered that question: when temporary maintenance was based on an expectation of rehabilitation that never happened, a court may find that a substantial change in circumstances has occurred and modify the award – including making it permanent. At the same time, the court held that a recipient who has not made reasonable efforts toward self-sufficiency will have income imputed to them, ensuring the paying spouse is not penalized for the other’s lack of effort.

The Facts

Dennis and Sandra Hecker divorced in 1983 after a ten-year marriage. The divorce decree awarded Sandra $800 per month in maintenance. In 1986, the parties stipulated to increase maintenance to $1,000 per month for five years, then revert to $800 per month through June 1993 – with the shared expectation that Sandra would use that time to become self-supporting. Sandra, who was 35 at the time of the divorce, obtained only minimal employment over the following decade: a part-time position at a YMCA at approximately $6 per hour for eight years, then a brief temporary job at $7 to $7.50 per hour. A vocational expert concluded she was “minimally involved” in career preparation but could realistically earn $25,000 per year within three years. As the maintenance was set to expire in 1993, Sandra sought a permanent award of $2,000 per month.

What the Court Decided

The Supreme Court held that the failure of the parties’ shared expectation of self-sufficiency constituted a substantial change in circumstances warranting modification of the maintenance award. The court emphasized that it was the frustrated expectation – not the mere passage of time – that qualified as the change. However, the court also held that willful failure to rehabilitate does not automatically bar maintenance. Instead, the appropriate remedy is to impute income to the recipient based on earning capacity. The court affirmed a permanent maintenance award of $1,375 per month, calculated based on the gap between Sandra’s imputed income of $25,000 per year and her reasonable needs.

What This Means for You

• Temporary maintenance may become permanent: If you received temporary maintenance with the expectation that you would become self-supporting and that has not happened, a court may find changed circumstances and modify the award – potentially making it permanent.
• You are expected to make reasonable efforts: Courts will look at what steps you have taken toward financial independence. If you have not made reasonable efforts, the court will not deny maintenance outright, but will impute income to you – meaning the court will calculate your award based on what you could earn, not what you actually earn.
• For paying spouses: If the original maintenance order was based on the assumption that your ex-spouse would become self-supporting and that has not occurred, you may be able to seek a modification that accounts for income imputation rather than bearing the full financial burden indefinitely.