Brenda Alexander v. Donald Alexander

I respectfully dissent from the majority’s decision to affirm the trial court’s denial of incapacity maintenance. In essence, the majority relies on two express reasons to uphold the trial court’s denial of incapacity maintenance. These are 1) there is “no statutory requirement [under Ind.Code § 31-15-7-1] that special findings be entered where incapacity maintenance is denied;” and 2) and the trial court’s special finding regarding testimony from Brenda’s vocational expert amounted to a “recitation of evidence” that did not rise to the level of a statutory finding, op. pp. 880 n. 8, 881.…