Holte v. Holte

2013 ND 174, 837 N.W.2d 894, 2013 WL 5426222, 2013 N.D. LEXIS 177
CourtNorth Dakota Supreme Court
DecidedSeptember 30, 2013
DocketNo. 20120312
StatusPublished
Cited by9 cases

This text of 2013 ND 174 (Holte v. Holte) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holte v. Holte, 2013 ND 174, 837 N.W.2d 894, 2013 WL 5426222, 2013 N.D. LEXIS 177 (N.D. 2013).

Opinions

KAPSNER, Justice.

[¶ 1] Nathan Holte appeals from a district court judgment granting him a divorce from Dawn Holte, distributing their property, and awarding Dawn Holte spousal support. We affirm the spousal support award and reverse and remand the property distribution.

I

[¶ 2] Nathan and Dawn Holte were married in 1989 and have one adult child. The couple lived in northwest North Dakota, where Nathan Holte worked for the railroad for much of the marriage. He quit his employment shortly before trial due to health issues, but testified he would be able to return to work after trial. Dawn Holte has worked at a local medical center for the past 32 years, and she also cleans houses.

[¶ 3] In 2008, Nathan Holte’s parents established an irrevocable trust and assigned to it mineral rights located in Williams County. Nathan Holte; his parents, collectively; and his two brothers were named beneficiaries of the trust, each having one-quarter interests. In 2009 and 2010, Nathan Holte’s share of the trust generated approximately $150,000 in income.

[¶ 4] In 2010, Dawn Holte filed for divorce citing irreconcilable differences. Nathan Holte moved into an investment home his mother had recently purchased, and he spent approximately $41,000 to furnish the home. At trial, the court heard evidence from both parties that the marriage had been over for nearly ten years. Dawn Holte testified that although she filed for divorce, Nathan Holte first stated he wanted a divorce. Dawn Holte testified that once the oil money started coming in, Nathan Holte went “overboard” spending money on various items. She further testified that Nathan Holte “firmly believed that [the oil income] was his family’s money and that I had no title to it.” In contrast, Nathan Holte testified that he “believe[d] that the dissolution of the marriage was her doing” because Dawn Holte ■withheld her affection from him. He also testified that Dawn Holte was not “entitled to have any share of that [trust] money.”

[¶ 5] The district court granted the couple a divorce. The court found the net marital estate to be worth $271,225.74 and awarded Dawn Holte $177,471.60 and Na[898]*898than Holte $93,754.14 in net assets. After dividing up the marital estate, the court awarded Dawn Holte $1,000 per month of spousal support for ten years, and it awarded Dawn Holte one-half of Nathan Holte’s future trust income and ordered Nathan Holte to regularly provide an accounting of the trust income.

[¶ 6] Nathan Holte appealed, and Dawn Holte cross-appealed.

II

[¶ 7] Nathan Holte argues “[t]he trial court’s award of $1,000 per month spousal support to Dawn [Holte] is clearly erroneous.”

[¶ 8] A district court may award spousal support by taking into consideration the circumstances of the parties and by applying the Ruff-Fischer guidelines. Dronen v. Dronen, 2009 ND 70, 1141, 764 N.W.2d 675; see also N.D.C.C. § 14-05-24.1. Under the Ruff-Fischer guidelines, the court considers:

[T]he respective ages of the parties, their earning ability, the duration of the marriage and conduct of the parties during the marriage, their station in life, the circumstances and necessities of each, their health and physical condition, their financial circumstances as shown by the property owned at the time, its value at the time, its income-producing capacity, if any, whether accumulated before or after the marriage, and such other matters as may be material.

Rebel v. Rebel, 2013 ND 116, ¶7, 833 N.W.2d 442 (citation and quotation omitted); see Ruff v. Ruff, 78 N.D. 775, 52 N.W.2d 107 (1952), Fischer v. Fischer, 139 N.W.2d 845 (N.D.1966).

[¶ 9] A spousal support award is a finding of fact, which is reviewed under the clearly erroneous standard of review. Dieterle v. Dieterle, 2013 ND 71, ¶ 31, 830 N.W.2d 571 (citation omitted). “A finding of fact is clearly erroneous if it is induced by an erroneous view of the law, if there is no evidence to support it, or if, after reviewing the entirety of the evidence, this Court is left with a definite and firm conviction a mistake has been made.” Lynnes v. Lynnes, 2008 ND 71, ¶ 12, 747 N.W.2d 93 (citation omitted). Similar to a property distribution, a court is not required to make specific findings on each factor if this Court can determine the reasons for the court’s decision. Lindberg v. Lindberg, 2009 ND 136, ¶ 28, 770 N.W.2d 252 (citation omitted).

[¶ 10] “ ‘Property division and spousal support are interrelated, and often must be considered together.’ ” Dronen, 2009 ND 70, ¶ 41, 764 N.W.2d 675 (quoting Mellum v. Mellum, 2000 ND 47, ¶ 19, 607 N.W.2d 580). “ ‘A difference in earning power is an important factor in both spousal support and property division determinations.’ ” Dronen, at ¶ 41 (quoting Mellum, at ¶ 19). “ ‘An award of spousal support must be made in light of the supporting spouse’s needs and ability to pay, and maintaining relative standards of living.’ ” Dronen, at ¶ 41 (quoting Wald v. Wald, 556 N.W.2d 291, 297 (N.D.1996)).

A

[¶ 11] Nathan Holte argues the district court erred because it “compared the parties’ gross income rather than their net income,” and the court “was clearly mistaken concerning Dawn’s ability to earn more income.”

[¶ 12] The district court’s findings considered the parties’ gross and net incomes in its award. The court recognized that property division and spousal support are interrelated, and noted that: “Spousal support is appropriate when a substantial disparity between the earning abilities of the spouses exist. Where property division [899]*899alone is not sufficient to maintain each party at the same standard of living, spousal support may be ordered to more equitably allocate the reduction in standard of living.”

[¶ 13] The district court made findings under the Ruff-Fischer guidelines and determined that a substantial disparity between Dawn Holte and Nathan Holte’s income earning abilities existed. The court found the conduct of each party during the marriage, the health and physical condition of the parties, and the fault factors were equal. The court found that the earning ability, station in life, and financial circumstance factors all favored Dawn Holte; and, in contrast, the only factor that favored Nathan Holte was the source of property factor. The court noted, “even at a minimum, [Nathan Holte] has the ability to earn at least $70,000.00 per year versus [Dawn Holte’s] $38,500.00 per year.”

[¶ 14] The court’s findings are in accord with the evidence. Dawn Holte presented evidence that after working for the same employer for over thirty years, in conjunction with her cleaning income, she earned approximately $38,500 per year. Nathan Holte testified that although he recently quit a high-paying job due to health reasons, he could “probably” earn up to $70,000 a year based on at least one job offer he has received. He testified he would go back to work shortly after trial.

[¶ 15] The court also considered Nathan Holte’s ability to pay in the context of his net pay. The court noted the Ruff-Fischer guidelines applied to spousal support, and the court’s previous finding on the financial circumstances of the parties stated:

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Cite This Page — Counsel Stack

Bluebook (online)
2013 ND 174, 837 N.W.2d 894, 2013 WL 5426222, 2013 N.D. LEXIS 177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holte-v-holte-nd-2013.