Holliday v. Holliday

651 A.2d 12, 139 N.H. 213, 1994 N.H. LEXIS 133
CourtSupreme Court of New Hampshire
DecidedDecember 14, 1994
DocketNo. 93-260
StatusPublished
Cited by20 cases

This text of 651 A.2d 12 (Holliday v. Holliday) 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
Holliday v. Holliday, 651 A.2d 12, 139 N.H. 213, 1994 N.H. LEXIS 133 (N.H. 1994).

Opinion

HORTON, J.

The plaintiff, Roseann Holliday, appeals from an order of the Superior Court {Gray, J.) approving the recommendations of the Marital Master {Harriet J. Fishman, Esq.) in her divorce action. On appeal, the plaintiff argues that the trial court: (1) erred in failing to include the lottery windfall and early retirement incentive of the defendant, Donald Holliday, in the property settlement and alimony determinations; (2) abused its discretion in declining to award attorney’s fees; and (3) erred in either not ruling upon or denying some of her requests for findings of fact and rulings of law. We affirm.

The parties married in June 1984 and separated in March 1989. The plaintiff filed for divorce on May 1, 1989, based upon irreconcilable differences. In April 1992, the defendant won approximately $734,000 in the New Hampshire lottery. He retired in October 1992, receiving an early retirement incentive of $21,388. In November 1992, the parties entered into a permanent stipulation. Shortly thereafter, defendant’s counsel informed plaintiff’s counsel of the defendant’s lottery windfall. The plaintiff also learned of the retirement incentive. The plaintiff rescinded the stipulation prior to its approval by the court and amended her divorce libel to request alimony.

Following a two-day final hearing in January 1993, the trial court granted the parties a divorce and awarded the plaintiff $26,000 as her equitable share of marital assets. Her request for alimony was denied. The plaintiff’s award included half of the pension benefits the defendant accrued during marriage and a share of other assets, but none of the retirement incentive or lottery winnings. The plaintiff appeals.

[215]*215“On appeal, we will affirm the findings and rulings of the marital master unless they are unsupported by the evidence or are legally erroneous.” Shafmaster v. Shafmaster, 138 N.H. 460, 464, 642 A.2d 1361, 1364 (1994).

I. Property Settlement

The plaintiff argues that the trial court abused its discretion by refusing to classify the defendant’s lottery winnings and retirement incentive as marital assets subject to distribution. Although the trial court’s decree could have been better phrased, we do not construe the decision below to imply that the lottery winnings and retirement incentive were not marital property subject to division and note that the trial court addressed the division of the lottery winnings as though they were marital property. The decree did not specifically address the retirement incentive, but we have held that the failure to evaluate the parties’ property item by item is not reversible error where, as here, the record is sufficient to enable us to determine whether the property settlement is unjust. See Azzi v. Azzi, 118 N.H. 653, 655, 392 A.2d 148, 150 (1978).

Paragraph I of our property settlement statute, RSA 458:16-a (1992), states that “[p]roperty shall include all tangible and intangible property and assets, real or personal, belonging to either or both parties, whether title to the property is held in the name of either or both parties.” Paragraph II sets forth the timing and procedure for the equitable, but not necessarily equal, distribution of marital assets:

When a dissolution of a marriage is decreed, the court may order an equitable division of property between the parties. The court shall presume that an equal division is an equitable distribution of property, . . . unless the court decides that an equal division would not be appropriate or equitable after considering one or more of [fifteen enumerated] factors ....

RSA 458:16-a, II (1992) (emphasis added). When read in conjunction, paragraphs I and II show the legislature’s intention that marital property includes any property acquired up to the date of a decree of legal separation or divorce. See RSA 458:16-a, :26. “The trial court may order redistribution of any property falling within the joint marital estate, or within the individual estates of either spouse.” Murano v. Murano, 122 N.H. 223, 227-28, 442 A.2d 597, 599-600 (1982) (decided under prior law). [216]*216Thus, the lottery winnings and the' retirement incentive are marital property.

The critical determination, therefore, is not whether assets are marital assets, but whether the trial court’s distribution is equitable and within its discretion. If the trial court determines an equal division to be inappropriate after considering the parties’ property in its entirety and the enumerated special circumstances, it may find, in its sound discretion, that equitable distribution of a marital asset means awarding it, in whole, to one party. See RSA 458:16-a, II; Magrauth v. Magrauth, 136 N.H. 757, 763, 622 A.2d 837, 840 (1993).

In Magrauth, we upheld the master’s finding that pre-separation trust income was a marital asset subject to distribution and post-separation trust income was not:

The master found that the defendant was the beneficiary of the trust income, and ruled that trust income generated prior to the separation was a marital asset, and that trust income generated after that date was not a marital asset subject to distribution....
The court’s findings regarding the past and future trust income are clearly within its discretion.

Magrauth, 136 N.H. at 761, 622 A.2d at 838-39. The quoted language from Magrauth does not concern what is or is not a marital asset, but rather upholds the trial court’s discretion in effecting an equitable distribution of marital assets.

In the present case, the trial court’s recitation specified “one or more” of the requisite reasons for awarding an unequal distribution of marital property:

Plaintiff argues Defendant came into such funds while the parties were married and therefore the same should be included as a marital asset, subject to distribution. Defendant states he purchased the lottery ticket thirty-seven months after the parties’ separation and that at no time did he have any contact with Plaintiff since the separation, specifically no discussion regarding the purchase of - the ticket. Therefore, he argues such winnings should not be considered a part of the marital estate, subject to distribution. Whether or not the Master finds the winnings to be part of the marital estate, this being a short-term marriage, the parties having no children together and considering the circumstances [217]*217surrounding Defendant’s purchase of the lottery ticket, the Master denies Plaintiffs Motion and will not consider Defendant’s lottery winnings for the purpose of equitably dividing the marital property or rendering an alimony award.

The duration of the marriage is one of the statute’s enumerated factors, RSA 458:16-a, 11(a), and we have held:

A marriage of only one or two years may be considered differently than a long-term marriage of ten, twenty, or thirty years.

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Bluebook (online)
651 A.2d 12, 139 N.H. 213, 1994 N.H. LEXIS 133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holliday-v-holliday-nh-1994.