Cooper v. Cooper

545 S.E.2d 775, 143 N.C. App. 322, 2001 N.C. App. LEXIS 270
CourtCourt of Appeals of North Carolina
DecidedMay 1, 2001
DocketNo. COA00-518
StatusPublished
Cited by4 cases

This text of 545 S.E.2d 775 (Cooper v. Cooper) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cooper v. Cooper, 545 S.E.2d 775, 143 N.C. App. 322, 2001 N.C. App. LEXIS 270 (N.C. Ct. App. 2001).

Opinion

TYSON, Judge.

Paul D. Cooper (“defendant”), appeals the trial court’s equitable distribution judgment awarding an equal division of marital assets between defendant and Jean Cooper (“plaintiff’).

The parties were married 17 April 1989. No children were bom of the marriage. On 12 June 1998, the parties divorced, and plaintiff filed an action seeking equitable distribution. The matter was heard on 20 July 1999. The trial court entered an equitable distribution judgment dividing the marital property equally on 31 August 1999. The trial court made the following findings regarding the value of the marital property:

7. That during the marriage the parties acquired certain property as marital property and the court finds the marital estate to consist of the following assets with the following values . . .
(I) Debts to Wachovia Bank and First USA Bank Card totaling $10,985.31 . . .
(k) Certain Social Security benefits due the Defendant as retroactive payments in the amount of $2,600.00
(l) A 401k [sic] Account in the Husband’s name with Cooper Enterprises containing $44,084.58 at the time of Defendant’s withdrawal of said funds . . .
8. That the total value of the marital estate is $87,980.56 . . .
10. That the parties had two credit card debts at the time of the separation, Wachovia Bank Card in the balance of $7,653.00, and First USA Bank Card in the balance of $9,095.00. The total of the two debts was $16,845.00 . . .
11. That following the separation of the parties the Wife serviced the two Credit Cards, Wachovia Bank and First USA and made payments on the date of separation balances in the amount of $3,401.00; that the Defendant made payment on said debts in the amount of $233.00 following the separation.

With respect to the division of assets, the trial court made the following findings of fact:

[324]*32417. ... that the Defendant has an income of $3,215.00 per month net income as compared to the Plaintiffs taxable income of approximately $23,000 in 1998. The Court has considered the length of the marriage, to wit: 8 years .... The [Defendant] is 50 years of age and disabled but receiving Social Security Disability. The [Plaintiff] is 47 years of age and is in generally good health. The plaintiff obtained a real estate license during the marriage but did her classes at night while she was working and earning an income. The Plaintiff offered evidence of her contributions to the marital estate by way of assuming most of the household responsibilities and the Defendant’s unilateral withdraw of the 401k [sic] funds. Considering all of these factors the Court finds that they do not weigh in either parties’ favor and that an equal division of the marital estate is equitable.

Defendant argues that the trial court’s findings of fact with respect to the marital debts, Social Security benefits, 401(k) plan, and total value of the marital estate are erroneous, and are unsupported by competent and substantial evidence in the record. We agree and remand for further findings on the value of the marital estate to be divided.

Valuation of the Marital Estate

A trial court is “vested with wide discretion in family law cases, including equitable distribution cases.” Wall v. Wall, 140 N.C. App. 303, 307, 536 S.E.2d 647, 650 (2000) (citing Beightol v. Beightol, 90 N.C. App. 58, 60, 367 S.E.2d 347, 348, disc. review denied, 323 N.C. 171, 373 S.E.2d 104 (1988)). The trial court’s decision regarding distribution of a marital estate “ ‘will be upset only upon a showing that it was so arbitrary that it could not have been the result of a reasoned decision.’ ” Khajanchi v. Khajanchi, 140 N.C. App. -, -, 537 S.E.2d 845, 849 (2000) (quoting White v. White, 312 N.C. 770, 777, 324 S.E.2d 829, 833 (1985)).

We agree with defendant that the trial court’s findings of fact regarding marital debts, Social Security disability benefits, and the 401(k) account are erroneous. We vacate those portions of the judgment and remand for further findings as set forth below.

1. Marital Debts

In finding of fact number 10, the trial court finds that, at the time of separation, the parties had two credit card debts: (1) Wachovia Bank Card with a balance of $7,653.00; and (2) First USA Bank Card [325]*325with a balance of $9,095.00. The trial court determines the total of the two debts to be $16,845.00. In fact, the sum of these debts is $16,748.00. Aside from this apparent clerical error, the trial court’s finding of fact 7(1) values the marital debt as, “[d]ebts to Wachovia Bank and First USA Bank Card totaling $10,985.31.”

It is unclear from the record why there is a discrepancy in the trial court’s findings of fact regarding the parties’ marital debt. The difference in the amounts in findings of fact 7(1) and 10 is approximately $5,760.00, a significant sum that affects the outcome of the distribution.

Moreover, the trial court distributed to plaintiff $10,895.31 in marital debts. The trial court distributed to defendant $7,727.31 in marital debts. The total of these amounts is $18,622.62. This amount is inconsistent with the trial court’s finding as to the total value of marital debts in either finding of fact 10 or 7(1). We remand this matter to the trial court for clarified findings as to the actual value of the marital debts and their division between the parties.

2. Social Security Disability Benefits

Defendant further argues that the trial court erred in valuing defendant’s Social Security disability benefits within the marital estate, and distributing the benefits as part of the marital estate. We agree.

In Johnson v. Johnson, 117 N.C. App. 410, 450 S.E.2d 923 (1994), the defendant-wife argued that the plaintiff-husband’s State “disability retirement benefits” should be classified as marital property for purposes of equitable distribution. Id. at 411-12, 450 S.E.2d at 925. We noted that G.S. § 50-20(b)(l) classifies vested “ ‘pension, retirement, and other deferred compensation rights’ ” as marital property. Id.

The issue in Johnson of whether disability retirement benefits fell within the definition of marital property was an issue of first impression in this State. Id. We stated:

Cases from other jurisdictions are divided as to how disability benefits should be allocated. ‘Some states have held that they are similar in nature to personal injury awards and should be categorized under the same rules.’ Lawrence J. Golden, Equitable Distribution of Property, § 6.11 n. 123 (1983 & Brett R. Turner, Supp.1993). Other states perceive the benefits as replacing lost earnings and as marital property. J. Thomas Oldham, Divorce, [326]*326Separation And The Distribution Of Property, § 8.03[1] (1994).

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Cite This Page — Counsel Stack

Bluebook (online)
545 S.E.2d 775, 143 N.C. App. 322, 2001 N.C. App. LEXIS 270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cooper-v-cooper-ncctapp-2001.