In Re Marriage of Wright

52 P.3d 512
CourtWashington Supreme Court
DecidedAugust 22, 2002
Docket71619-6
StatusPublished
Cited by4 cases

This text of 52 P.3d 512 (In Re Marriage of Wright) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Marriage of Wright, 52 P.3d 512 (Wash. 2002).

Opinion

52 P.3d 512 (2002)
147 Wash.2d 184

In re the MARRIAGE OF Raymond WRIGHT, Respondent, and
Elisabeth Wright, Petitioner.

No. 71619-6.

Supreme Court of Washington, En Banc.

Argued May 16, 2002.
Decided August 22, 2002.

*513 David Trujillo, Yakima, for Petitioner.

Dauber Bartheld & Schwartz, Richard Bartheld, Yakima, for Respondent.

OWENS, J.

At issue in this dissolution action is the method for calculating the present value of an employee-spouse's vested but unmatured pension. The trial court exercised its discretion and based the present value on what it found to be the employee-spouse's likely retirement age rather than on the earliest date at which the pension would mature. The Court of Appeals affirmed the decision. We likewise conclude that, under Washington law, a trial court's calculation of the present value of a community owned pension need not be based on the employee-spouse's earliest retirement date. Because we agree with the trial court and the Court of Appeals that such a requirement would encroach upon the necessary discretion of the trial court at dissolution, we affirm the Court of Appeals.

FACTS

Raymond K. Wright and Elisabeth Wright were married on April 20, 1990, in Leavenworth, Washington. The couple separated on November 20, 1998, and Mr. Wright filed for dissolution on December 2, 1998. The parties were unable to agree on the value of Mr. Wright's community owned pension.

Mr. Wright began working for the Yakima Valley School in Selah, Washington, in May 1979. He received employee retirement benefits under the State of Washington's Public Employees Retirement System, Plan I (PERS I). Mr. Wright was vested in PERS I after earning five service credit years. He is eligible to retire from active service and collect a pension at any age with 30 service credit years, at age 55 with 25 service credit years, or at age 60 with 5 service credit years. Because Mr. Wright is a vested member of the plan, if he leaves his PERS covered employment before meeting those eligibility requirements (that is, before the pension matures), he may either withdraw his contributions or may allow the contributions to remain in the plan until he is eligible to retire from inactive status (at age 65 or, with a reduced benefit, at age 60). If Mr. Wright continues his PERS covered employment until his 55th birthday, April 20, 2007, he will have accrued at least 25 service credit years.

Although the portion of Mr. Wright's pension that he earned prior to his marriage on April 20, 1990, was his separate property, the couple's community property agreement converted all separate property into community property. The community property agreement is not a part of the record, nor does the record establish when the agreement was executed. In a memorandum filed in August 2000, Mr. Wright stated that Ms. Wright, who had worked for a time during their marriage as a legal secretary, prepared the agreement and that he "signed [it] without benefit of independent counsel." Clerk's Papers (CP) at 124.

To resolve the dispute regarding the division of the community property pension, Ms. Wright moved for summary judgment on July 18, 2000, asking the trial court to hold as a matter of law that the present value of *514 retirement benefits must be based on the earliest date at which the pension matured. The parties accepted as the maturation date of the pension Mr. Wright's 55th birthday. Whereas Ms. Wright asked that the pension's value be based on retirement at age 55, Mr. Wright asked the trial court to value his pension using a retirement age of 65. He stated that he would not retire until then because "his monthly benefit at age 55 will be approximately 20% less than his present net monthly income" and that his "strong desire to purchase a residence dictates that he continue employment past age 55." CP at 127. Ms. Wright submitted no evidence regarding Mr. Wright's likely retirement date.

On August 22, 2000, having retained actuaries to determine the present value of the PERS I pension as of the parties' separation date, the parties entered a stipulated order providing, in part, as follows:

Further, the parties stipulate and agree that said pension has a present value of $39,400.00 if Petitioner were to retire at age 65; a present value of $59,949.00 if Petitioner were to retire at age 60; and a present value of $87,280.00 if Petitioner retires at age 55.
Further, the parties stipulate and agree that the Court's determination of present value of the retirement shall be binding for purposes of trial upon the parties and the parties hereby waive presentation of this issue at time of trial and further waive presentation of testimony of all evidence on this issue, except in the form of sworn declaration or affidavit in support of their motion for determination of present value.
The parties further stipulate and agree that the assets and liabilities of the parties shall be divided in a fashion which results in a net division of assets and liabilities between the parties 50% to Petitioner and 50% to Respondent.

CP at 89-90.

On August 23, 2000, the trial court issued its memorandum decision on the summary judgment motion and, on October 27, 2000, entered an "Order on Summary Judgment," setting forth findings of fact and conclusions of law. CP at 84-86. Rejecting Ms. Wright's position that, as a matter of law, the pension should be valued as of the earliest date it would mature, the court asserted that, as a matter of law, it must exercise its discretion to determine Mr. Wright's likely retirement date. The court concluded that, "on a more probable than not basis," Mr. Wright was likely to stay in his current job until age 65: "[T]he Court ... therefore finds as a matter of law his retirement age to be sixty-five for the calculation of the community share of the pension. Summary judgment is granted accordingly."[1]

The dissolution decree was likewise entered on October 27, 2000.[2] Exhibit A to the decree is an appraisal chart that lists, values, and allocates each community asset (from the old pitchfork worth a dollar to the PERS I retirement plan valued at $39,400.00). The chart also lists and assigns the community debts,[3] calculates the net assets to both parties, and evens out the assets by awarding Mr. Wright a judgment of $7,966.78 against Ms. Wright. With that judgment, Mr. Wright's net assets from the property division are $49,737.22, of which $39,400.00 is the value that the court assigned to his PERS I retirement plan. Ms. Wright's net assets are also $49,737.22, with the bulk of that amount *515 being the fair market value of the community's house, $36,393.00. CP at 14, 36

On November 6, 2000, Ms. Wright filed a motion for reconsideration and sought to supplement the record. While denying the motion for reconsideration, the court permitted Ms. Wright to supplement the record; accordingly, she submitted Mr. Wright's trial testimony that the parties had considered a retirement age of 55 because they expected to pay off the mortgage on the family residence at about that same time. Ms. Wright filed a notice of appeal on November 21, 2000, seeking review of the summary judgment order, the order denying reconsideration, and the decree of dissolution. The Court of Appeals affirmed, concluding that the trial court "did not abuse its discretion when it valued the pension using the date Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
52 P.3d 512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-wright-wash-2002.