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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON In re Marriage of CHERYL J. KOOPS, Respondent, and ROBERT E. KOOPS, Appellant. ) ) ) ) ) ) ) ) ) ) NO. 63214-1-I DIVISION ONE

UNPUBLISHED OPINION FILED: March 8, 2010

Lau, J. -- Robert Koops appeals the trial court's award of $500 per month in maintenance to his former wife, Cheryl Koops, for approximately four years. Because he fails to establish any abuse of the trial court's discretion, we affirm. FACTS Robert and Cheryl Koops married in March 1975 and separated in July 2007. Cheryl filed a petition for dissolution of the marriage, seeking a property division and maintenance award in Skagit County Superior Court. After trial, the trial court gave an oral ruling detailing its findings regarding the character and division of the couple's property. Of the total of $1,180,000 in separate and community property, the trial court determined that "the wife should have $525,000, and the husband should have $655,000." Verbatim Report of Proceed (VRP) (Oct. 16, 2008) at 14. At that hearing on October 16, 2008, in order to divide the property, the trial court directed Robert to

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sell the family residence and transfer $311,333 of the proceeds to Cheryl. The trial court stated, "I am not requiring maintenance if it sells by January 15th. If it doesn't sell by January 15th, he will commence thereafter paying maintenance in the amount of $750 per month . . . until it sells[.]" VRP (Oct. 16, 2008) at 15. Before January 15, Robert refinanced the family residence and cashed certificates of deposit to pay Cheryl nearly $311,000. On February 18, 2009, the trial court signed written findings of fact regarding maintenance. The husband indicates he wishes to retire at age 62. He testified that he has numerous health problems, including Type 2 diabetes which is progressing to Type 1 diabetes. He also testified that he may not be able to retire, depending upon the decision of the court in this case. The husband earns more than the wife. He has been employed as a truck driver at Janicki Industries and earns $20.01 per hour. His monthly social security benefit will be $1200/month, and the wife's will be $650/month. The wife will also be getting the husband's pension from Janicki Industries in the projected amount of $440.36/month. The husband receives $200/month from his North Dakota property. The wife recently changed jobs as a result of being let go from her previous job. She testified that she works as a maintenance worker at United General Hospital, earning $14/hour, since trial, the wife is unemployed. The wife had indicated she wished to retire at age 62. The husband turne[d] 62 on October 20, 2008. The wife will be 62 on June 16, 2009. Maintenance should be ordered per the decree herein. The trial court also struck the following two statements originally included in the findings regarding maintenance: "Both of the parties work full time," and "No maintenance is is [sic] awarded in this case given the health of the parties, their nearness to retirement age, and the property awarded which includes $310,828 to the wife and the husband's pension of $61,908, with a projected monthly income of $440.36."

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The dissolution decree states: "Husband shall pay $500 monthly to the wife as maintenance from 3/1/09 until the month in which wife reaches her 66th birthday." Robert appeals the maintenance award. DISCUSSION A trial court may grant a maintenance order for either spouse in a dissolution proceeding "in such amounts and for such periods of time as the court deems just, without regard to misconduct, after considering all relevant factors . . . ." RCW 26.09.090. These factors include: (a) The financial resources of the party seeking maintenance, including separate or community property apportioned to him or her, and his or her ability to meet his or her needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party; (b) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find employment appropriate to his or her skill, interests, style of life, and other attendant circumstances; (c) The standard of living established during the marriage . . .; (d) The duration of the marriage . . .; (e) The age, physical and emotional condition, and financial obligations of the spouse . . . seeking maintenance; and (f) The ability of the spouse . . . from whom maintenance is sought to meet his or her needs and financial obligations while meeting those of the spouse ... seeking maintenance. RCW 26.09.090(1)(a)

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