Flechas v. Flechas

724 So. 2d 948, 1998 WL 881745
CourtCourt of Appeals of Mississippi
DecidedDecember 18, 1998
Docket97-CA-01454 COA
StatusPublished
Cited by8 cases

This text of 724 So. 2d 948 (Flechas v. Flechas) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Flechas v. Flechas, 724 So. 2d 948, 1998 WL 881745 (Mich. Ct. App. 1998).

Opinion

724 So.2d 948 (1998)

Eunice S. FLECHAS, Appellant,
v.
Miguel Martin FLECHAS, III, Appellee.

No. 97-CA-01454 COA

Court of Appeals of Mississippi.

December 18, 1998.

*950 Gary L. Roberts, Attorney for Appellant.

Walter W. Teel, Attorney for Appellee.

BEFORE BRIDGES, C.J., PAYNE AND SOUTHWICK, JJ.

PAYNE, J., for the Court:

PROCEDURAL POSTURE AND ISSUES PRESENTED

¶ 1. This appeal is before the Court challenging the judgment of the Chancery Court of Jackson County, the Honorable Pat H. Watts, Jr., presiding. The appellant, Eunice Flechas, raises three issues for our review: whether the trial court erred when it adjudicated that there were no assets acquired by either party during the marriage and there was therefore no marital property to divide, whether the trial court erred by awarding Eunice only $18,000 lump sum alimony, and whether the trial court erred in awarding Eunice rehabilitative alimony of $750 for only one year. Based upon our review of the record and the briefs submitted by both parties and the failure of the chancellor to provide adequate findings of fact and conclusions of law supporting his decision, we reverse and remand as to all issues as set forth below.

FACTS

¶ 2. Eunice, a teacher in the Georgia public school system who abandoned her job and sold her home to move to Mississippi, and Miguel, a Mississippi businessman, were married on June 15, 1991 and separated on September 15, 1996. The union produced no children. Eunice lived in Georgia and sold her home to move to Mississippi to marry Miguel. On November 6, 1996, Eunice filed her complaint for divorce on the grounds of habitual cruel and inhuman treatment, or alternatively, because of irreconcilable differences. In her complaint, Eunice moved for an equitable division of marital assets, for lump sum and permanent periodic alimony, for Miguel to maintain a life insurance policy on his life with Eunice as the irrevocable beneficiary, for Miguel to maintain health and hospitalization insurance on Eunice, and for reasonable attorney's fees.

¶ 3. Miguel filed his answer and counterclaim on November 26, 1996, denying Eunice's claims of entitled relief but seeking a dissolution of the marital bonds on the grounds of irreconcilable differences. In addition, Miguel moved for attorney's fees from Eunice. Eunice answered Miguel's counterclaim on December 4, 1996, agreeing to the grant of the divorce on the grounds of irreconcilable differences conditioned on the parties agreeing to the terms of a property settlement or a consent of divorce.

¶ 4. On January 14, 1997, the chancellor entered a temporary order giving Miguel control of the marital home, ordering Miguel to pay Eunice $1500 per month, and requiring Miguel to maintain health and automobile insurance on Eunice. On October 10, 1997, the parties filed with the trial court a joint consent to be divorced on the ground of irreconcilable differences and to allow the chancellor to decide all issues in dispute between them, and on the same day a trial was conducted to resolve these issues. On October 16, 1997, the chancellor issued his order awarding Eunice $750 periodic rehabilitative alimony for 1 year, lump sum alimony of $18,000 divided into twelve monthly payments of $1500 each, and Miguel was ordered to maintain health insurance on Eunice until such time as she acquired the same through her employment or for one year, whichever occurred first. The chancellor found that there was no property accumulated during the marriage; thus, there was no equitable distribution of marital assets ordered. In addition, the chancellor taxed equally court costs and found that Eunice and Miguel were responsible for their own attorney's fees.

¶ 5. From the chancellor's order flowed this appeal.

STANDARD OF REVIEW

¶ 6. The standard of review employed by this Court in domestic relations cases is *951 abundantly clear. Chancellors are vested with broad discretion, and this Court will not disturb the chancellor's findings unless the court's actions were manifestly wrong, the court abused its discretion, or the court applied an erroneous legal standard. Sandlin v. Sandlin, 699 So.2d 1198, 1203 (Miss.1997); Johnson v. Johnson, 650 So.2d 1281, 1285 (Miss.1994); Crow v. Crow, 622 So.2d 1226, 1228 (Miss.1993); Gregg v. Montgomery, 587 So.2d 928, 931 (Miss.1991).

ANALYSIS
I. WHETHER THE TRIAL COURT ERRED WHEN IT ADJUDICATED THAT THERE WERE NO ASSETS ACQUIRED BY THE PARTIES DURING THE MARRIAGE AND THERE WAS THEREFORE NO MARITAL PROPERTY TO DIVIDE

¶ 7. Eunice's first assignment of error is that the trial court erred in determining that there was no marital property acquired during the marriage and thus no basis for an equitable distribution of the same. Eunice maintains that two assets were acquired by the parties during the marriage and should have been subject to equitable distribution: a parcel of income-generating rental property and approximately 1.5 million dollars in income generated during the marriage. Miguel counters this assertion claiming that the property was acquired with his own funds accumulated before the marriage, and the income generated during the marriage was done with assets acquired before the marriage and thus should not be considered marital income. We have no guidance from the chancellor below as to why he found that the real estate purchased during the marriage and the income produced during the marriage did not constitute marital assets. Accordingly, we reverse and remand for specific finding of fact and conclusions of law based on the following discussion of the present law regarding the equitable distribution of the assets.

¶ 8. For the purpose of divorce, the Mississippi Supreme Court has defined marital property "as being any and all property acquired or accumulated during the marriage." Hemsley v. Hemsley, 639 So.2d 909, 915 (Miss.1994). Such marital assets acquired during the course of the marriage may be equitably divided "unless it can be shown by proof that ... [the] assets are attributable to one of the parties' separate estates prior to the marriage or outside the marriage." Id. at 914. In arriving at an equitable distribution of marital property, the supreme court has suggested that chancellors should consider the following guidelines set forth in Ferguson v. Ferguson, 639 So.2d 921, 928 (Miss.1994):

1. Substantial contribution to the accumulation of the property. Factors to be considered in determining contribution are as follows:
a. Direct or indirect economic contribution to the acquisition of the property;
b. Contribution to the stability and harmony of the marital and family relationships as measured by quality, quantity of time spent on family duties and duration of the marriage; and
c. Contribution to the education, training or other accomplishment bearing on the earning power of the spouse accumulating the assets.
2. The degree to which each spouse has expended, withdrawn or otherwise disposed of marital assets and any prior distribution of such assets by agreement, decree or otherwise.
3. The market value and the emotional value of the assets subject to distribution.
4. The value of assets not ordinarily, absent equitable factors to the contrary, subject to such distribution, such as property brought to the marriage by the parties and property acquired by inheritance or inter vivos gift by or to an individual spouse;
5.

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Bluebook (online)
724 So. 2d 948, 1998 WL 881745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flechas-v-flechas-missctapp-1998.