Degnan v. Degnan

2016 ND 61, 877 N.W.2d 38, 2016 N.D. LEXIS 58, 2016 WL 1031447
CourtNorth Dakota Supreme Court
DecidedMarch 15, 2016
Docket20150244
StatusPublished
Cited by5 cases

This text of 2016 ND 61 (Degnan v. Degnan) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Degnan v. Degnan, 2016 ND 61, 877 N.W.2d 38, 2016 N.D. LEXIS 58, 2016 WL 1031447 (N.D. 2016).

Opinions

CROTHERS, Justice.

[¶ 1] Barbara Degnan appeals from a district court order denying her motion for amended findings of fact and new trial following her divorce. Barbara Degnan argues the district court erred when it divided the marital property, awarded inadequate spousal support, allowed testimony about comments made prior to marriage and refused to amend its findings or grant her a new trial. Lowell Degnan argues Barbara Degnan’s appeal is frivolous and he should be awarded attorneys fees.

I

[¶ 2] Barbara Degnan married’ Lowell Degnan in 2009. The parties were divorced by judgment in 2015. At the time of trial Barbara Degnan was 55 years old and Lowell Degnan was 65 years old. Lowell Degnan testified his' monthly living expenses were approximately $2,265 and his net monthly income was approximately $3,471 from railroad retirement benefits. Barbara Degnan’s monthly living expenses were approximately $2,200 and her monthly income, after taxes, Medicare and debt garnishments, was a Social Security Disability payment of approximately $750. Witness Tammy Shiek testified, over objection, that her opinion was Barbara Deg-nan married Lowell Degnan for his money.

[¶ 3] In determining the- property distribution the district court considered the length of the marriage, the health and age of the parties, their earning abilities and when their property was accumulated. The district court awarded Barbara Deg-nan temporary spousal support of $180 per month for 60 months, two motor vehicles, a camper, her checking account and $3,000 in attorneys fees. Following trial Barbara Degnan moved for a new trial and amended findings. The district court denied Barbara Degnan’s motions and she appeals.

II

[¶ 4] ‘ Barbara Degnan argues the district court erred permitting Shiek to testify about why Barbara Degnan married Lowell Degnan. ‘Shiek testified that prior to the marriage She and Barbara Degnan' discussed how marrying Lowell Degnan would benefit Barbara Degnan because Barbara Degnan was in need of health insurance. Shiek also testified to her belief that Barbara Degnan married Lowell Degnan for his money. Barbara Degnan objected to Shiek’s testimony as irrelevant and the district'court overruled the objection. “The test whether proper evidence is irrelevant is whether it would [42]*42reasonably and actually tend to prove or disprove any matter of fact in issue.” Beck v. Lind, 235 N.W.2d 239, 246 (N.D.1975). Shiek’s testimony tended to prove Barbara Degnan’s financial circumstances, health concerns and her motive for marrying Lowell Degnan. The district court, as the trier of . fact, reasonably considered Shiek’s testimony to be relevant. The court did not abuse its discretion admitting the testimony.

[¶5] Barbara Degnan also argues the district court erred by relying on Shiek’s testimony. Barbara Degnan alleges this was error because the motive for marriage is not a factor in the Ruff-Fischer guidelines. Ruff v. Ruff, 78 N.D. 775, 52 N.W.2d 107 (1952); Fischer v. Fischer, 139 N.W.2d 845 (N.D.1966). The Ruff-Fischer guidelines require the court to consider:

‘“The respective ages of the parties, their earning ability, the duration of the marriage and conduct of the parties during the marriage, their station in life, the circumstances and necessities of each, their health and physical condition, their financial circumstances as shown by the property owned at the time, its value at the time, its income-producing capacity, if any, whether accumulated before or after the marriage, and such other matters as may be material.’ ”

Hoverson v. Hoverson, 2013 ND 48, ¶ 9, 828 N.W.2d 510 (citing Ulsaker v. White, 2006 ND 133, ¶¶ 12-13, 717 N.W.2d 567).

[¶ 6] While the motive for marriage is not a Ruff-Fischer consideration, the district court can consider the conduct of the parties and any other matters as may be material. Fischer, 139 N.W.2d 845, 847 (N.D.1966). The district court stated it found Barbara Degnan’s intentions in marrying Lowell Degnan to be a material fact. Findings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial, court to judge the credibility of the witnesses. N.D.R.Civ.P. 52(a)(6). “In reviewing findings of fact, we must view the evidence in the light most favorable to the findings. ‘A choice between two permissible views of the evidence is not clearly erroneous.’ ‘Simply because we might view the evidence differently does not entitle us to reverse the trial court.’” Reimche v. Reimche, 1997 ND 138, ¶ 12, 566 N.W.2d 790 (internal citations ‘omitted). “ ‘A finding of fact is clearly erroneous if it is induced by an erroneous view of the law, if there is no evidence to support -it, or if, after a review of the entire record, we are left with a definite and firm conviction a mistake has been made.’” Pearson v. Pearson, 2009 ND 154, ¶ 5, 771 N.W.2d 288 (citing Krueger v. Krueger, 2008 N.D. 90, ¶ 7, 748 N.W.2d 671). Evidence showed Barbara Degnan considered Lowell Degnan’s income, retirement and insurance prior to their marriage. The district court was permitted to consider any matters as may be material and we are not left with a definite and firm conviction, a mistake has been made. The district court did not clearly err finding Shiek’s testimony material to the division of property and support issues.

ni

[¶ 7] Barbara Degnan argues the district court erred in dividing the marital estate. Section 14-05-24(1), N.D.C.C., requires the district court to make an equitable distribution of the property and debts of the parties after grants tag divorce. The district court must consider all of the parties’ assets to ensure equitable division. Dvorak v. Dvorak, 2005 ND 66, ¶ 21, 693 N.W.2d 646. The district court then considers the Ruff-[43]*43Fischer factors.in its distribution of the assets. Kostelecky v. Kostelecky, 2006 ND 120, ¶ 12, 714 N.W.2d 845. A district court distribution of marital property is reviewed under the clearly erroneous standard. McCarthy v. McCarthy, 2014 ND 234, ¶ 8, 856 N.W.2d 762.

[¶ 8] The district court made findings related to the parties’ incomes, expenses and assets. In dividing the marital estate the district court .relied on evidence that Barbara Degnan was 55 years old, received Social Security Disability benefits of $750 per month, incurred expenses of $2,200 per month, had about $5,500 of debt, previously worked in exchange for room and board, had health concerns, lost her physical property to a fire prior to the marriage and possessed $465 in a checking account. The district court also relied on evidence that Lowell Degnan was 65 years old, retired and receiving pension benefits of $3,300 per month, had expenses of $2,200 per month, suffered from'leukemia, had accumulated most of the assets prior to his marriage to Barbara Degnan and had $70,000 in savings and $2,000 in a checking account.

[¶ 9] Considering the evidence and the short length of the marriage, the district court sought to award each party the property and debts which each brought into the marriage.

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Cite This Page — Counsel Stack

Bluebook (online)
2016 ND 61, 877 N.W.2d 38, 2016 N.D. LEXIS 58, 2016 WL 1031447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/degnan-v-degnan-nd-2016.