Donna M. Jaro v. Todd M. Jaro

2018 VT 105, 198 A.3d 1270
CourtSupreme Court of Vermont
DecidedSeptember 14, 2018
Docket2018-008
StatusPublished
Cited by3 cases

This text of 2018 VT 105 (Donna M. Jaro v. Todd M. Jaro) 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
Donna M. Jaro v. Todd M. Jaro, 2018 VT 105, 198 A.3d 1270 (Vt. 2018).

Opinion

ROBINSON, J.

*1272 ¶ 1. Husband, Todd M. Jaro, appeals a final divorce order issued by the superior court, family division. Husband challenges the court's property division, and asserts the court erred in awarding him an amount of spousal maintenance outside the statutory guideline without stating a reason for diverging from the guideline. 15 V.S.A. § 752(b)(8). We affirm.

¶ 2. The trial court found the following. The parties married in 1989 and separated in 2016-a long-term marriage. When wife Donna Jaro filed for divorce in September 2016, she was fifty years old and in good health. Husband was fifty-four years old and was in relatively good health, although he had well-managed diabetes and, beginning late in the marriage, depression. The parties have two grown children.

¶ 3. Neither party attended college. Wife spent long hours taking care of the household and children, and was also the primary breadwinner. She works for the Department of Homeland Security, with an annual salary of $135,000. Husband worked as a mechanic in various repair shops during the marriage, and at one point set up a home garage. The parties spent at least $70,000 to set up this venture. Husband was voluntarily underemployed throughout the marriage. He currently has a job doing maintenance work and working on cars for forty hours per week at eighteen dollars per hour, grossing around $38,000 per year. The trial court found that husband could earn as much as twenty-five dollars per hour, or $52,000 per year, given his work experience and skills as a mechanic.

¶ 4. In 2007, husband started his own business as an independent tool distributor. The parties bought a $75,000 truck and $40,000 in tools for this business, which operated at a loss. The truck and tools are currently at an auction house. Wife proposed to sell them to help pay marital debt; she asked to control the sale because she stated that husband had refused to cooperate. Wife believed she could get $50,000 for these items, which the court found credible. The record reflects that husband valued these items at $75,000 and was willing to accept them in "his column" of the property division balance at that higher value.

¶ 5. Wife introduced a January 2015 report showing accounts receivable from this tool business of $66,223 and testified that they were collectible. Husband acknowledged that he was not actively pursuing those accounts; he explained that they were old and opined that he could collect $5,000 of that amount. The court found that "with a little effort" husband could probably collect at least $20,000.

¶ 6. Both parties had retirement accounts. Wife had a Thrift Saving Plan (TSP) and a government pension (FERS). The value of the TSP was $268,260.00 at the time of separation, and by June 2017 it had increased to $305,401.99. However, wife owes $16,000 in loans taken against the TSP account during the marriage to support husband's businesses and to pay off marital debt. Husband held three retirement accounts totaling $15,219.

¶ 7. The marital home, where wife was living at the time of the final divorce, was worth $355,000, with a mortgage of $286,672 and net equity of $68,238. The court itemized nearly $39,000 of marital debt in husband's name, as well as around $134,000 in joint marital debt, including the $16,000 loan against wife's TSP account and nearly $80,000 of student loan debt for the parties' daughter on which wife was a cosigner.

¶ 8. The trial court made extensive findings based on testimony from wife and the daughter that husband was physically abusive to both throughout the marriage. The court found that husband had harmed the *1273 family physically and emotionally as a result. The court found that there was no evidence that these behaviors were caused by husband's depression. In addition, the court described various instances of financial mismanagement and other malfeasance by husband after separation, resulting in unpaid bills and depletion of marital assets.

¶ 9. Based on the above, the court explained that, although it normally divides marital property evenly in a long-term marriage, in this case husband's abusive behavior during the marriage and his actions at the end of the marriage and ensuing separation that depleted the parties' assets prompted the court to depart from an even split. The court awarded husband $90,000 from wife's TSP-substantially less than half of the value of the parties' combined retirement accounts (which totaled around $320,000 at the time of the final hearing). With respect to wife's FERS pension, the court awarded husband forty-five percent of the marital portion. The court awarded the marital home to wife and required her to pay husband half the equity-$34,119. The court awarded wife additional marital property worth $86,754 and debt of $66,465. 1 The assets awarded to wife included husband's truck and inventory at the auction house that the court had valued at $50,000. The court awarded husband $72,144 in property and assigned $46,550 of debt. The property included the accounts receivable that the court had valued at $20,000.

¶ 10. The court concluded that husband was entitled to spousal maintenance because he lacked sufficient employment, income, or property to provide for his reasonable needs given the standard of living established during the marriage. 15 V.S.A. § 752(a). The court emphasized that husband was not entitled to permanent maintenance with a compensatory component, as wife not only provided the financial support for the family, but she also maintained the home, raised the children, and supported husband's business ventures. Husband's underemployment during the marriage did not increase wife's future earning capacity or enable him to help meet the family's needs. The court noted that even if it awarded permanent maintenance to equalize incomes, husband would not have the same standard of living as during the marriage. Accordingly, the court concluded that some maintenance was necessary to provide husband with at least a semblance of the standard of living the parties had enjoyed.

¶ 11. Applying the statutory factors, the court noted husband's ability to earn twenty-five dollars per hour, the significant assets husband received in the property division, and that his needs were minimal. The court explained, "The [c]ourt does not believe [husband] will need the guideline amount to meet his reasonable needs although he will need some additional income to meet his needs independently." The court accordingly awarded husband $1,725 per month for a period of eight years. At that point, the court anticipated that wife would be close to retirement and no longer able to generate income, and both parties would have access to retirement funds to meet their needs. 2

¶ 12. On appeal, husband makes two specific challenges to the findings and conclusions in the court's property division order, *1274 and contends that the court erred when it awarded him spousal maintenance that was outside the statutory guideline calculation, 15 V.S.A. § 752(b)(8), without supplying a rationale for departing from the recommended guideline amount.

¶ 13.

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Cite This Page — Counsel Stack

Bluebook (online)
2018 VT 105, 198 A.3d 1270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donna-m-jaro-v-todd-m-jaro-vt-2018.