Hillebrand v. Hillebrand

546 A.2d 1047, 130 N.H. 520, 1988 N.H. LEXIS 62
CourtSupreme Court of New Hampshire
DecidedJune 6, 1988
DocketNo. 87-022
StatusPublished
Cited by29 cases

This text of 546 A.2d 1047 (Hillebrand v. Hillebrand) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hillebrand v. Hillebrand, 546 A.2d 1047, 130 N.H. 520, 1988 N.H. LEXIS 62 (N.H. 1988).

Opinions

Brock, C.J.

The defendant, Dr. Thomas Hillebrand, appeals from a divorce decree recommended by the Master (Larry B. Pletcher, Esq.) and approved by the Superior Court (Contas, J.). Dr. Hillebrand raises numerous issues on appeal; however, only those which were fully briefed and argued are addressed, and these can [522]*522be summarized as follows: (1) whether the trial court erred in including certain business assets as marital property for purposes of determining the value of the marital estate; (2) whether the trial court erred in valuing the assets of the marital property as of the date of the final hearing, August 6, 1986; and (3) whether the trial court erred in calculating the amount of income available to Dr. Hillebrand for the payment of alimony and child support. For the reasons that follow, we affirm in part, reverse in part, and remand.

The parties were married on December 27, 1969. In 1976, they moved to Claremont, where Dr. Hillebrand had purchased an existing dental practice. Mrs. Hillebrand worked as a secretary prior to the marriage and continued working in that capacity after the marriage until the birth of the couple’s first child in January, 1974. The parties have three minor children, who reside with Mrs. Hillebrand pursuant to a temporary decree awarding both parties joint legal custody and Mrs. Hillebrand temporary physical custody. Mrs. Hillebrand’s only outside employment since the birth of the couple’s children had been as a bookkeeper and general assistant in Dr. Hillebrand’s office.

The parties separated in August, 1982. Mrs. Hillebrand filed the divorce libel on July 21, 1983, citing irreconcilable differences. At a hearing for a temporary decree on October 1, 1984, the Superior Court {Contas, J.), acting on the recommendation of the Master {Larry B. Pletcher, Esq.), ordered, among other things, that Dr. Hillebrand pay $4,000 per month as combined support for Mrs. Hillebrand and the three minor children. Between this hearing and the final hearing, Dr. Hillebrand purchased a new residence and had an addition built onto his existing professional office. His dental practice purchased a new automobile.

At the final hearing, the parties contested the valuation and disposition of property and the amount of reasonable support. The hearing encompassed two court days, the first on April 4, 1986, and the last on August 6, 1986. The master found that. Dr. Hillebrand earned just under $200,000 a year. Accordingly, he recommended child support in the amount of $800 per child per month and alimony in the amount of $3,100 per month. The master also made very detailed and specific findings concerning the inventory of marital assets, the value of those assets, and the allocation of the assets between the parties, which the court accepted in distributing the assets. Dr. Hillebrand responded to the court’s order with a request for reconsideration. Following the denial of this request, he appealed to this court. We are mindful of the longstanding rule in this jurisdiction that trial courts have broad discretion in divorce [523]*523matters, and we will uphold their decision unless an abuse of discretion is shown or the court erred as a matter of law. Ruben v. Ruben, 123 N.H. 358, 360, 461 A.2d 733, 734 (1983); see also Dionne v. Dionne, 129 N.H. 638, 640, 531 A.2d 319, 320 (1987) (property and alimony distribution); Russman v. Russman, 124 N.H. 593, 596, 474 A.2d 1017, 1019 (1984) (child support).

I. Business Assets in the Marital Estate

The defendant claims that the master erred in including office equipment, accounts receivable, and business cash of the professional association in the marital estate. The defendant attempts to rely for support on our analysis in Grandmaison v. Grandmaison, 119 N.H. 268, 401 A.2d 1057 (1979).

This court, in Grandmaison, upheld a property award that excluded the husband’s $400,000 interest in a closely-held business from the inventory of marital assets. Id. at 270, 401 A.2d at 1058. The business had been purchased prior to the couple’s marriage, and the court found that the wife had contributed neither assets nor substantial labor to its development. Id. at 271, 401 A.2d at 1059. Grandmaison can be distinguished from the present case on the grounds that Dr. Hillebrand purchased the professional association after the marriage and there was evidence to show that Mrs. Hillebrand did contribute directly to its development. In general, it is common practice to include business assets as part of the marital estate, see B. Goldberg, Valuation of Divorce Assets § 15.14-15.14-35 (Supp. 1987), and we find no error by the court in considering these assets as joint marital property.

II. Valuation of Assets

Dr. Hillebrand next claims that the trial court erred in approving the date of the final hearing, August 6, 1986, as the date to value the marital estate. He contends, in the alternative, that the property should have been valued either as of the date of the filing of the divorce libel, July 21, 1983, or as of some other date chosen in the discretion of the master.

Nothing in New Hampshire case law or statutory law suggests that the date of the filing of the divorce libel is the preferred valuation date for marital assets, and we decline to adopt such a rigid position today. We agree that the date of the filing of the divorce libel is a fixed date and as such is one of the possible dates for valuing the marital assets of the parties. The vast majority of jurisdictions provide that the trial court has wide discretion in [524]*524determining the date on which a value should be placed on marital assets; the filing date serves as but one of the available options. See Bachtle v. Bachtle, 494 A.2d 1235 (Del. 1985); Taylor v. Taylor, 436 N.E.2d 56 (Ind. 1982); Berish v. Berish, 69 Ohio St. 2d 318, 432 N.E.2d 183 (1982); Sergi v. Sergi, 506 A.2d 928 (Pa. Super. 1986). We adhere to the majority view, preferring to leave our trial courts free to exercise their sound discretion in effecting an equitable distribution of marital assets. See C. Douglas, 3 New Hampshire Practice, Family Law §§ 391, 392 (1982 & Supp. 1987).

We do note that certain types of marital assets are more prone to fluctuations in value in our free market system than others, and their value at any given time is beyond the control of either party in the divorce proceeding. Real estate and stocks are but two examples of these. Rather than attempt to enact special rules for this type of property, we leave it to the discretion of the trial court to determine the preferred valuation date for such assets, but commend for its consideration unanticipated market fluctuations which neither party to the divorce can influence.

In this case, Dr.

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Bluebook (online)
546 A.2d 1047, 130 N.H. 520, 1988 N.H. LEXIS 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hillebrand-v-hillebrand-nh-1988.