Hunt v. Hunt

698 P.2d 1168, 1985 Alas. LEXIS 255
CourtAlaska Supreme Court
DecidedApril 19, 1985
DocketS-399
StatusPublished
Cited by50 cases

This text of 698 P.2d 1168 (Hunt v. Hunt) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hunt v. Hunt, 698 P.2d 1168, 1985 Alas. LEXIS 255 (Ala. 1985).

Opinion

*1170 OPINION

PER CURIAM.

This is an appeal from a post-divorce order dividing property and fixing support obligations. Susan Hunt appeals the valuation of Ronald Hunt’s interest in a computer service business, the buyout terms ordered, the use of a cutoff date earlier than the parties’ date of divorce, the denial of temporary rehabilitative spousal support and the amount of the child support award.

I. FACTUAL AND PROCEDURAL BACKGROUND

Susan B. Hunt and Ronald F. Hunt were married in Utah in 1967 and divorced in Fairbanks in 1983. Neither party brought property into the marriage, but they accumulated substantial amounts of property during the 16 year union. They have three children: Ron, Jr., age 16; Jennifer, age 10; and Mary, age 8.

The major asset of the marriage is a business, Data Management, Inc., in which Ronald owns a 49.5% interest. Its function consists of helping public and private clients utilize IBM computer equipment. The trial court valued the business at $132,-760 and awarded 30% of the business interest to Susan and 70% to Ronald. Ronald was ordered to pay Susan off in equal monthly installments for three years at 10.5% interest; Susan’s interest was secured with a promissory note.

The parties disagree on the appropriate date at which to determine what property is subject to division. This problem affects the distribution of three assets: the 107 Seventh Avenue fourplex, its contents and Ronald’s retirement fund.

The trial court refused to order Ronald to pay Susan temporary rehabilitative spousal support, and instead awarded her a greater share of the property.

The parties agreed that custody should be shared, with Ronald primary physical custodian of Ron, Jr. and Susan primary physical custodian of Jennifer and Mary. The trial court ordered Susan to pay Ronald $100 per month child support for Ron, Jr., and Ronald to pay Susan $350 per child per month.

II. DISCUSSION

A. Did the Trial Court Err in Assigning a Value of $132,760 to Ronald’s Interest in Data Management, Inc.?

One spouse’s interest in a close corporation, including the value of corporate goodwill, is property subject to division. Rostel v. Rostel, 622 P.2d 429, 430 (Alaska 1981). The problem is therefore fixing the value of Ronald’s interest in Data Management. The trial court found that Ronald’s interest has a fair market value of $132,-760, based on the testimony of Ronald’s expert. We will not reverse the discretionary finding of the trial court unless it is clearly unjust. Merrill v. Merrill, 368 P.2d 546, 547 (Alaska 1962).

Ronald’s expert, William Kohler, a certified public accountant, based his valuation of Ronald’s business interest on his intimate knowledge of the business, using a formula developed by the New Jersey Supreme Court in Dugan v. Dugan, 457 A.2d 1 (N.J.1983). Dugan involved valuation of goodwill in an attorney’s exclusively owned professional corporation. 1

*1171 In contrast, Susan’s expert, Paul C. Taylor, Associate Professor of Finance at the University of Alaska, used guidelines established by the Internal Revenue Service for determining the value of stock in a closely held corporation for estate tax purposes to conclude that the fair market value of the business interest was $766,000. 2

The trial court specifically rejected Mr. Taylor’s valuation and accepted that of Mr. Kohler. Since the trial court’s finding was supported by Mr. Kohler’s testimony, we are not left with a definite and firm conviction that a mistake was made. We therefore affirm the superior court’s finding that Ronald’s interest is worth $132,760. 3

Susan also argues that Ronald should be required to make a lump sum buyout of her 30% interest in the business or give her a security interest to ensure his periodic payments. See Jones v. Jones, 666 P.2d 1031 (Alaska 1983). The form of a buyout is a determination based on all the facts, and we find no abuse of discretion in the 3-year payout period at 10.5% interest.

B. Did the Trial Court Err in Excluding Certain Property from the Property Settlement?

Ronald acquired three items of property between the parties’ April 1983 separation and November 1983 divorce. 4 The trial court declined to divide this property, thus leaving it with Ronald. The appropriate property division is within the broad discretion of the trial court and will not be disturbed unless it is clearly unjust. Bussell v. Bussell, 623 P.2d 1221, 1222 (Alaska 1981); Merrill v. Merrill, 368 P.2d 546, 547 (Alaska 1962).

The legislature empowered courts to divide property of the parties acquired during coverture. AS 25.24.160(6). Susan argues that coverture ends with the final decree of divorce and all property acquired by either party before that time is subject to division. Ronald argues that the trial court has discretion to exclude property acquired after separation. Ronald in essence urges this court to apply the equitable divorce doctrine, whereby the cutoff date for determining what is marital property subject to division is the point at which the marriage is no longer viable. See Bussell v. Bussell, 623 P.2d 1221, 1223 (Alaska 1981). 5

Property acquired after the permanent separation but prior to final divorce should be included in the property settlement if it was acquired with property which would otherwise have been subject to division. If the later-acquired property was purchased with property which would not have been divided, then the new property should remain with the purchasing spouse. See Bussell, 623 P.2d at 1223 n. 3.

The trial court found that Ronald had no equity in the 107 Seventh Avenue *1172 fourplex. This finding is not supported by the evidence.

Ronald testified that the fourplex was appraised at $300,000 and the mortgage principal was $262,850. Therefore the total equity is $87,150; Ronald’s 50% share is $18,575.

However, the down payment on the four-plex came from loans from Data Management to Ronald, after the parties separated.

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Bluebook (online)
698 P.2d 1168, 1985 Alas. LEXIS 255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunt-v-hunt-alaska-1985.