Chilkott v. Chilkott

607 A.2d 883, 158 Vt. 193, 1992 Vt. LEXIS 36
CourtSupreme Court of Vermont
DecidedMarch 20, 1992
Docket90-346
StatusPublished
Cited by30 cases

This text of 607 A.2d 883 (Chilkott v. Chilkott) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chilkott v. Chilkott, 607 A.2d 883, 158 Vt. 193, 1992 Vt. LEXIS 36 (Vt. 1992).

Opinions

Morse, J.

Defendant husband appeals the property award in this divorce. His principal claim is that the trial court’s valuation of a trust was erroneous because the trust was not subject to the jurisdiction of the court within the meaning of 15 V.S.A. [194]*194§ 751 (equitable distribution of marital property). He also argues that, even if the trust was properly taken into account in distributing the marital assets, the trial court erred in accepting an expert’s opinion as to its value. Finally, husband contends that the uneven distribution of the property was unfair and unreasonable. Because we conclude that the trust was marital property and the trial court did not abuse its discretion in evaluating it and making its overall property distribution, we affirm.

Husband was one of the beneficiaries of an inter vivos trust which his father created. The trust became irrevocable when his father died. Securities funded the trust, and at the time of the final hearing were valued at $220,000. The death of father entitled husband’s mother to all the trust income for her life. The trustee had power to invade the principal for the mother’s health, maintenance and welfare, but had not done so. Mother, eighty-seven-years-old, was alive at the time of trial.

When mother dies, husband, if he is alive, will receive the income from the trust and an unrestricted right to invade the principal. At husband’s death, plaintiff wife would receive the income for life. Upon the death of all income beneficiaries, the remainder, if any, will be paid to the donor’s grandchildren, or if they are deceased, to their issue by right of representation, free of the trust.

At trial, wife called an actuarial expert, who testified that husband’s present interest in the trust was valued at $128,034. Husband did not offer any evidence contradicting this testimony other than cross-examination, and the court adopted this figure in its findings of fact.

Husband received a property distribution worth approximately $197,000, including his interest in the trust, his business, pension, stocks, an automobile, and a snowmobile. Wife was awarded marital property valued at approximately $220,000, including the marital residence, her one-half interest in real estate located in New Hampshire, the homestead furnishings, and personal property associated with her ceramics business.

Husband and wife were married for approximately 33 years and raised four children. At the time of the divorce, husband was living, rent free, with his mother, from whom he also re[195]*195ceived money for expenses. A college graduate, husband was the primary wage earner during the marriage. The court found that husband’s net income after the divorce would be $1,700 per month. Wife, also a college graduate, was currently working in a nursing home. She had worked as a medical secretary in 1958, and then in a school lunch program. Aside from the ceramics business, which had no net earnings during its five years of operation, wife had no other employment skills. Wife’s earned net income was $978 per month, and she was awarded $357 a month in maintenance.

Both parties drank excessively until 1981, when wife addressed her drinking habit. She has abstained from alcohol since 1983. Denying that he had a drinking problem, husband continued to drink, despite the advice of physicians and his then-living father.

I.

Husband initially claims that the trial court abused its discretion by including in the property distribution his interest in the trust, because it was an asset not “owned” by him within the meaning of 15 V.S.A. § 751. We conclude that husband’s interest in the trust was marital property subject to distribution under § 751(a).

Under 15 V.S.A. § 751(a), “[a]ll property owned by either or both of the parties, however and whenever acquired” is subject to the court’s jurisdiction. See also Lynch v. Lynch, 147 Vt. 574, 576, 522 A.2d 234, 235 (1987) (any form of ownership by either spouse makes property subject to the jurisdiction of the court). Although the trust represents to the parties a future, contingent interest, the trust is a form of property subject to ownership.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hinsdale v. Odonnell
Vermont Superior Court, 2025
Katherine Broggini v. Anthony Broggini
Supreme Court of Vermont, 2025
Christian Borgesen v. Debra Borgesen
Supreme Court of Vermont, 2025
Jonna Creed v. David Perry
Supreme Court of Vermont, 2024
Elizabeth Battis v. Nelson Battis
Supreme Court of Vermont, 2023
Rebecca Davin v. James Davin
Vermont Superior Court, 2020
Vanderlugt v. Vanderlugt
429 P.3d 1269 (New Mexico Court of Appeals, 2018)
Guagenti v. Guagenti
2017 Ohio 2706 (Ohio Court of Appeals, 2017)
Zohara Zarfati v. Clinton Eirmann
Supreme Court of Vermont, 2013
Mark Bilodeau v. Cristina Bilodeau
Supreme Court of Vermont, 2013
Wilburn v. Wilburn
743 S.E.2d 734 (Supreme Court of South Carolina, 2012)
Billings v. Billings, Sr.
2011 VT 116 (Supreme Court of Vermont, 2011)
Linda Mavilla v. Ralph Mavilla
Supreme Court of Vermont, 2011
John Viskup v. Juliane Viskup
Supreme Court of Vermont, 2011
Jodi Milko v. James Milko
Supreme Court of Vermont, 2011
Golden v. Cooper-Ellis
2007 VT 15 (Supreme Court of Vermont, 2007)
In Re Chamberlin
918 A.2d 1 (Supreme Court of New Hampshire, 2007)
Kasser v. Kasser
2006 VT 2 (Supreme Court of Vermont, 2006)
Mizzi v. Mizzi
2005 VT 120 (Supreme Court of Vermont, 2005)
Estate of Fleming v. Nicholson
724 A.2d 1026 (Supreme Court of Vermont, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
607 A.2d 883, 158 Vt. 193, 1992 Vt. LEXIS 36, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chilkott-v-chilkott-vt-1992.