Baltzer v. Baltzer

422 N.W.2d 584, 1988 S.D. LEXIS 45, 1988 WL 32925
CourtSouth Dakota Supreme Court
DecidedApril 13, 1988
Docket15641
StatusPublished
Cited by52 cases

This text of 422 N.W.2d 584 (Baltzer v. Baltzer) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baltzer v. Baltzer, 422 N.W.2d 584, 1988 S.D. LEXIS 45, 1988 WL 32925 (S.D. 1988).

Opinions

BERNDT, Circuit Judge.

Donald R. Baltzer appeals from a judgment and decree of divorce entered November 25, 1986. We affirm the valuation and division of property and the award of attorney fees but reverse in part on the alimony award.

STATEMENT OF FACTS

Donald and Joan were married January 23, 1976, in Sioux Falls, South Dakota. No children were born of this tumultuous marriage. At the time of trial, Donald was 48 years of age and Joan was 43. With the exception of some minor health problems of Joan’s, both parties were in good health.

[586]*586Donald is an architect, having far greater earning capacity than Joan, who has worked in sales and as a secretary. Donald earns approximately $35,000 a year and has a monthly take-home pay of about $2,000. With her job experience and high school education, Joan is capable of earning $10,000 a year. Donald worked as an architect throughout the course of the marriage, and Joan worked outside the home for seven and one-half years. She also contributed her homemaking skills to the marriage and periodically cared for Donald’s daughter from a previous marriage.

Donald brought some assets into the marriage, but the trial court found that both parties contributed to the accumulation of the marital property. The marital assets were valued at $112,605.67, consisting of cash, personal property, shareholder interests, profit sharing accounts, the marital home, and some other miscellaneous property. The trial judge ordered Donald to pay Joan $50,000 as her interest in the marital property. $25,000 would be paid immediately from the profit sharing plan, with the balance payable in installments of $500 per month plus interest at the prime rate until paid in full. Joan was also awarded the furniture and those items in her possession, except for some personal property of Donald’s. Donald was awarded the remaining marital property, along with liability for all the marital debts.

The trial court granted each party a divorce on mental cruelty grounds, but because the trial court found Donald’s fault to be slightly greater, Joan was awarded alimony in the amount of $600 per month for one year, decreased to $400 per month for nine years, or until Joan died, remarried or cohabited with a man. Donald was also ordered to pay $1,600 of Joan’s attorney fees.

On appeal, Donald argues that the trial court improperly computed the value of the marital assets, divided the property inequitably, and erred in awarding alimony and attorney fees to Joan. We will treat each of these issues separately as follows:

I. MARITAL ASSETS WERE PROPERLY VALUED.

Donald argues that the trial judge was clearly erroneous in valuing the Balt-zers’ property, particularly the marital home. We disagree. “Exactitude is not required of the trial court in the valuation of assets in a dissolution proceeding; it is only necessary that the value arrived at lies within a reasonable range of figures.’’ Goehry v. Goehry, 354 N.W.2d 192, 196 (S.D.1984); Krage v. Krage, 329 N.W.2d 878 (S.D.1983); Hanks v. Hanks, 296 N.W. 2d 523, 526 (S.D.1980).

In valuing the assets for purposes of making a property division, the trial court is not required to accept either party’s proposed valuation. Hanks, supra. The only time this court will interfere with the valuations as determined by the trial court is when the trial court has made a clearly erroneous valuation finding. Herrboldt v. Herrboldt, 303 N.W.2d 571 (S.D.1981). Absent a stipulation as to the values of assets, the parties “had better be prepared to produce hard evidence as to those values other than their own personal opinions.” Hanks, supra at 526.

There was no appraisal of the condominium submitted, thus the trial court was not clearly erroneous in using the purchase price of the property two years ago. Although Donald testified that the condominium had decreased in value, his personal opinion must be weighed with circumspection. The court did not err in rejecting Donald’s value absent any appraisal by a disinterested party. Donald does not point out errors as to any of the other marital property. We hold that the values assigned to the property by the trial court are within a plausible range and should not be modified or set aside by this court on review.

II. MARITAL ASSETS AND LIABILITIES WERE EQUITABLY DISTRIBUTED.

SDCL 25-4-44 provides:

Where a divorce is granted for an offense of either husband or wife, the courts shall in such action have full pow[587]*587er to make an equitable division of the property belonging to either or both, whether the title to such property is in the name of the husband or the wife. In making such division of the property the court shall have regard for equity and the circumstances of the parties.

This court has held that the trial court has broad discretion with respect to property division, and its judgment will not be set aside unless it clearly appears that the trial court abused its discretion. Cole v. Cole, 384 N.W.2d 312 (S.D.1986); Temple v. Temple, 365 N.W.2d 561 (S.D.1985). On review we are limited to a determination of whether there was an equitable property division. Factors to be considered in dividing marital property include: duration of the marriage; value of the property; ages of the parties; their health and competency to earn a living; the individual contributions of the parties to the accumulation of the property; and the income producing capacity of the parties’ individual assets. Garnos v. Garnos, 376 N.W.2d 571 (S.D.1985); Wallahan v. Wallahan, 284 N.W.2d 21 (S.D.1979). Fault should not be considered. SDCL 25-4-45.1. While these factors are considered, there exists no mathematical formula in making a property division. Martin v. Martin, 358 N.W.2d 793 (S.D.1984).

The trial court found that the marriage lasted 10 years and valued the marital property at $112,605.67. The parties were ages 48 and 43 at the time of trial. Donald has excellent health, while Joan has some minor health problems. Donald earns $35,000 a year plus benefits, while Joan can expect to earn approximately $10,-000. She did work outside the home for seven and one-half years, contributing to the marital assets. Her contribution as a wife and stepmother also added to the accumulation of assets. Temple, supra.

Joan was awarded almost half of the marital assets and such assets are liquid. Donald’s share of the property has little income producing capacity because it is not liquid, not readily saleable, or has been locked into some investment plan. The record supports the trial court’s consideration of the foregoing factors, and we hold that the trial court did not abuse its discretion in dividing the marital assets and liabilities.

III.

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Bluebook (online)
422 N.W.2d 584, 1988 S.D. LEXIS 45, 1988 WL 32925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baltzer-v-baltzer-sd-1988.