Geraets v. Geraets

1996 SD 119, 554 N.W.2d 198, 1996 S.D. LEXIS 126
CourtSouth Dakota Supreme Court
DecidedSeptember 25, 1996
DocketNone
StatusPublished
Cited by8 cases

This text of 1996 SD 119 (Geraets v. Geraets) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Geraets v. Geraets, 1996 SD 119, 554 N.W.2d 198, 1996 S.D. LEXIS 126 (S.D. 1996).

Opinions

MILLER, Chief Justice.

[¶ 1] Ethel Geraets appeals the property division in a judgment and decree of divorce from Joseph Geraets. We affirm.

FACTS

[¶ 2] The parties were married in 1969 and five children were born diming the marriage. Ethel is forty-six years of age and Joseph is forty-seven. Ethel was employed as a teacher before the children were born and Joseph worked at a meat packing plant in Sioux Falls, South Dakota. In 1987, Joseph left that employment and he and Ethel engaged in a farming operation. In 1989, Ethel obtained part time employment with the United States Post Office and eventually worked her way into a full time mail carrier’s position.

[¶3] In May 1992, Joseph served Ethel with a summons and complaint for divorce. The parties eventually entered into a stipulation and agreement that was incorporated in a judgment and decree of divorce entered in January 1993. Trial of the property division [200]*200commenced on February 24, 19951 and continued in March. In April, the trial court entered findings of fact, conclusions of law and an amended judgment and decree of divorce incorporating the property division.

[¶ 4] The trial court in its findings valued the net marital property at $179,517 comprised of $323,417 in assets less $143,900 in liabilities. The trial court awarded Joseph property with a net value of $86,551. Ethel received property with a net value of $90,965. Ethel appeals.

ISSUE 1

[¶ 5] Was the trial court clearly erroneous in its valuation of the marital estate?

[¶ 6] Ethel contends the trial court was clearly erroneous in its valuation of the marital estate because its valuation included property and debts accumulated after entry of the divorce decree and because it valued the marital estate as of the time of the trial of the property division rather than as of the time of the entry of the divorce decree. Specifically, Ethel contests the following valuations: inclusion of savings bonds she acquired after the divorce; valuation of the parties’ retirement plans at their 1995 value rather than their value at the time of entry of the divorce decree; inclusion of the hospital debt Joseph incurred in 1994; inclusion of the debt for the 1994-95 school tuition; inclusion of the 1994 debt to Custan Harvesting; inclusion of the anticipated loan of $30,000 for 1995 farm expenses; and, exclusion of livestock and grain owned at the time of the divorce.

[¶ 7] Our standard of review is clear: On review of a property division, this court will not attempt to place valuations on the assets because that is a task for the trial court as the trier of fact. The only time this court interferes with the valuations determined by the trial court is when it has made a clearly erroneous valuation finding.

Schumaker v. Schumaker, 439 N.W.2d 815, 816 (S.D.1989) (citations omitted).

[¶ 8] With regard to the timing of a property valuation, the general rule is that the date of the granting of the divorce is the proper time for determining the value of the marital estate. As was well explained by the Wisconsin Supreme Court in Johnson v. Johnson, 37 Wis.2d 302, 155 N.W.2d 111, 114-15 (1967):

[TJhe division of the estate is an adjustment of property rights and equities between the parties. In addition, [the property division statute] requires taking into consideration the ability of the husband, the special estate of the wife, the character and situation of the parties and all of the circumstances of the case. The court’s appreciation of these factors is undoubtedly the greatest at the time the divorce is granted, for it is then when the trial judge’s recollection of the entire matter is the best. Also, ... [this] court has held that absent special circumstances the date of the granting of the divorce is the proper time for the determination of the value of the estate for the purposes of a property division. Further, since the propriety of an alimony award is often viewed in relation to how much of the divisible estate the wife received, it is helpful to the Supreme Court when asked to review the trial court’s decision to have the entire matter disposed of. Division of the property as early as possible would have the further advantage of the elimination of strife and friction which might result if successive applications to the court are needed to divide the trust property as it comes into the hands of the defendant_ [T]he Supreme Court [has] stated that the elimination of the source of strife and friction is to be sought and the affairs of the divorced parties separated as far as possible. We think that the better policy is to require division of the property, if there is to be such division, at the time of the granting of the divorce unless exceptional circumstances intervene, (emphasis added) (citations omitted).

[201]*201[¶ 9] South Dakota law echoes these views. In Miller v. Miller, 83 S.D. 227, 282, 157 N.W.2d 537, 540 (1968), we observed that, “[t]he estate ... taken into consideration in fixing alimony or dividing the property is usually the estate ... owned at the time of the decree.” (emphasis added). However, even in Miller we did not adhere to this view as a hard and fast rule. Miller also involved a divorcing farm couple. Trial of the action commenced approximately a year before the divorce decree was entered. On appeal, issues were raised over the timing of the valuation of certain agricultural debts. Because of the year-long delay between the commencement of trial and the entry of the divorce decree, we held that the day the trial court asked for evidence of the amount of the debts (i.e., the second day of trial) was the proper date for their valuation as opposed to the date the divorce decree was entered. See Miller, 83 S.D. at 232, 157 N.W.2d at 540.

[¶ 10] While the present ease does not involve a situation identical to that in Miller (i.e., an extended period of delay between the time of commencement of trial and the time of entry of the divorce decree), it certainly involves one that is substantially similar (i.e., an extended period of delay between the time of entry of the divorce decree and the time of commencement of trial). Accordingly, we adhere to our precedent in Miller and hold that there was no error by the trial court in valuing the marital estate according to the time of its receipt of valuation evidence as opposed to the time of its entry of the divorce decree. It follows that there was no clear error in: the inclusion of the savings bonds Ethel acquired after entry of the divorce decree; the valuation of the retirement plans at their 1995 value; the inclusion of Joseph’s 1994 hospital debt; the inclusion of the debt for the children’s 1994-95 school tuition; the inclusion of the 1994 debt to Custan Harvesting; and, the exclusion of livestock and grain owned at the time of entry of the divorce decree.2

[¶ 11] With specific regard to the $30,000 debt for the anticipated loan for 1995 farm expenses, we note that a similar dispute also arose in Miller, supra. In that case, we held that the trial court erred in excluding

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Geraets v. Geraets
1996 SD 119 (South Dakota Supreme Court, 1996)

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Bluebook (online)
1996 SD 119, 554 N.W.2d 198, 1996 S.D. LEXIS 126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geraets-v-geraets-sd-1996.