Godwin v. Godwin

758 So. 2d 384, 1999 WL 374561
CourtMississippi Supreme Court
DecidedJune 10, 1999
Docket97-CA-00380-SCT
StatusPublished
Cited by51 cases

This text of 758 So. 2d 384 (Godwin v. Godwin) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Godwin v. Godwin, 758 So. 2d 384, 1999 WL 374561 (Mich. 1999).

Opinion

758 So.2d 384 (1999)

Barbara Ann GODWIN
v.
William Herman GODWIN.

No. 97-CA-00380-SCT.

Supreme Court of Mississippi.

June 10, 1999.

*385 Jeanine M. Carafello, Randy A. Clark, Jackson, Attorneys for Appellant.

Phillip L. Tutor, Pontotoc, Attorney for Appellee.

EN BANC.

WALLER, Justice, for the Court:

STATEMENT OF THE FACTS AND CASE

¶ 1. Barbara and William ("Bill") Godwin were married in Alcorn County on February 2, 1957. Two children were born of the marriage, and Barbara assumed the duties of mother and housewife, raising the children to maturity. At times, the couple endured serious financial difficulties, particularly following the collapse of Bill's car business in 1979. Following this setback, Bill found employment with the Okolona branch of the People's Bank and Trust Company, and Barbara also found employment at a motel where the couple had been living.

¶ 2. During this period of financial recovery, Bill began an adulterous affair with Ann Godfrey. Barbara feared that Bill planned to leave her, and, in June 1987 she withdrew approximately $ 8,000.00 from the couple's joint savings account. An argument ensued, and Bill left the marital premises and began co-habiting with Godfrey. Barbara filed a Complaint for Separate Maintenance and Other Relief on June 9, 1987, and, for the next seven years, Bill paid Barbara $ 556.00 or more per month in separate maintenance.

¶ 3. In June of 1994, Bill filed a motion for a reduction in his separate maintenance payments, due to the fact that Barbara had gained employment at the North Mississippi Medical Center. Bill also sought relief from a judicial lien which had previously been ordered by the Chancellor. In response, Barbara filed a number of motions and responsive pleadings, culminating in a Complaint for Divorce and Other Relief which she filed on October 13, 1995. Bill filed an answer in which he admitted adultery and asked that the couple's property be equitably divided. The Chancellor granted the divorce and equitably divided of the couple's property. He did not award Barbara alimony. Feeling aggrieved, Barbara appealed to listing the following four assignments of error:

I. THE CHANCELLOR'S REFUSAL TO GRANT BARBARA GODWIN AN EQUITABLE INTEREST IN MR. GODWIN'S EXECUTIVE DEFERRED COMPENSATION PLAN IS IN CONTRAVENTION TO THE PREVAILING CASE LAW AND SHOULD BE RE-EXAMINED ON REMAND.
II. THE CHANCELLOR'S FAILURE TO AWARD BARBARA GODWIN PERIODIC OR LUMP SUM ALIMONY CONSTITUTES AN ABUSE OF DISCRETION.
III. BARBARA GODWIN SHOULD HAVE BEEN AWARDED SUPPLEMENTAL INSURANCE COVERAGE OR, IN THE ALTERNATIVE, MONEY TO PURCHASE ADDITIONAL COVERAGE.
IV. DUE TO THE LACK OF ANY MATERIAL CASH AWARD, BARBARA GODWIN SHOULD HAVE BEEN AWARDED ATTORNEY'S FEES. THE CHANCELLOR'S FAILURE TO PROPERLY EVALUATE HER FINANCES AT THE TIME OF THE TRIAL IN THIS REGARD IS CLEARLY ERRONEOUS.

DISCUSSION OF LAW

I. THE CHANCELLOR'S REFUSAL TO GRANT BARBARA GODWIN AN EQUITABLE INTEREST IN MR. GODWIN'S EXECUTIVE DEFERRED COMPENSATION PLAN IS IN CONTRAVENTION TO THE *386 PREVAILING CASE LAW AND SHOULD BE RE-EXAMINED ON REMAND.

¶ 4. Barbara argues the Chancellor improperly failed to consider awarding her a share of the contents of Bill's Executive Deferred Compensation Plan pursuant to Ferguson v. Ferguson, 639 So.2d 921 (Miss.1994). An analysis of the Chancellor's findings of fact and conclusions of law indicates the Chancellor refused to award Barbara an interest in the Deferred Compensation Plan based, at least in part, on the conclusion that the contents of this retirement fund did not constitute marital property subject to equitable division. The Chancellor's ruling reflects a clear pattern: the ruling evenly divides the property the couple acquired prior to the 1987 separation, but the ruling permits each party to keep the property they acquired following the separation. Indeed, the Chancellor expressly makes a distinction between the properties acquired before and after the 1987 separation in his ruling. With regard to the property acquired before the separation, the Chancellor ruled as follows:

1) That the parties hereto have been physically separated since 1987 and that a Decree for Separate Maintenance was rendered by this Court on December 11, 1987.
2) That at the time of the separation ... the parties had or had begun to accumulate the following assets. (Assets omitted)....
3) That the above assets are joint marital assets and that the fair and equitable division of each of those assets, other than the personal effects and household goods is that they should have been divided equally to either party.

With regard to the property acquired after the separation, the Chancellor ruled as follows:

6) That the equity in the home ... which was acquired by the Defendant after 1987 shall be the property of the Defendant or Ann Godfrey;
7) That the 1981 van owned by the Defendant and the People's Bank & Trust Company Executive Deferred Compensation Plan acquired by the Defendant since 1987 shall remain his exclusive property. (emphasis added).

¶ 5. The Chancellor's ruling thus describes the Deferred Compensation Plan, acquired by Bill after 1987, as his "exclusive property," while the ruling characterizes the properties acquired by the couple prior to 1987 as "joint marital assets." The ruling thus treats the Godwin's 1987 separation as the cut-off date for determining whether property acquired constitutes marital or separate property.

¶ 6. It is true, of course, that neither the Legislature nor this Court has ever recognized the concept of a "legal separation" in this State's divorce law, and we do not do so in this case. However, an order for separate maintenance is recognized and is viable. Under the circumstances of this case, the order creates a point of demarcation with respect to the parties and their estates.

¶ 7. Assets acquired after an order for separate maintenance should be considered the separate property of the parties, absent a showing of either (1) contribution to the acquisition of the asset by the other spouse as contemplated in our decisions in Ferguson v. Ferguson, 639 So.2d 921, 928-29 (Miss.1994), and Magee v. Magee, 661 So.2d 1117, 1123 (Miss.1995) or, (2) acquisition of the asset through the use of marital property.[1]

¶ 8. There is no evidence in the record that suggests Barbara contributed to Bill's Deferred Compensation Plan with the People's Bank and Trust Company. Bill started contributing to this plan from *387 his income several years after the 1987 order for separate maintenance. The Chancellor did not abuse his discretion in finding this asset was Bill's separate property. This assignment has no merit.

II. THE CHANCELLOR'S FAILURE TO AWARD BARBARA GODWIN PERIODIC OR LUMP SUM ALIMONY CONSTITUTES AN ABUSE OF DISCRETION.

¶ 9. After an equitable division of martial property, the final step the chancellor must complete is a consideration of the need, if any, for alimony. Johnson v. Johnson, 650 So.2d 1281, 1287 (Miss.1994). In awarding alimony, the chancellor is to consider the twelve factors listed in Armstrong v. Armstrong, 618 So.2d 1278 (Miss. 1993):

1. The income and expenses of the parties;
2. The health and earning capacities of the parties;
3. The needs of each party;
4.

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Bluebook (online)
758 So. 2d 384, 1999 WL 374561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/godwin-v-godwin-miss-1999.