In Re the Marriage of DuBois v. DuBois

335 N.W.2d 503, 4 Employee Benefits Cas. (BNA) 2392, 1983 Minn. LEXIS 1209
CourtSupreme Court of Minnesota
DecidedJune 24, 1983
DocketC3-82-1180
StatusPublished
Cited by99 cases

This text of 335 N.W.2d 503 (In Re the Marriage of DuBois v. DuBois) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Marriage of DuBois v. DuBois, 335 N.W.2d 503, 4 Employee Benefits Cas. (BNA) 2392, 1983 Minn. LEXIS 1209 (Mich. 1983).

Opinion

SCOTT, Justice.

This appeal arises from a proceeding for the dissolution of a marriage. Appellant Gertrude DuBois seeks modification of the trial court’s division of respondent John Du-Bois’ vested pension rights and the amount of its award of spousal maintenance and child support. We affirm as modified.

The parties to this action were married on October 17, 1959. There are four children of the marriage, two of whom were minors at the time of dissolution: John Edward, born December 7, 1964; and Jerome Mark, bom June 15, 1966.

Respondent, born October 5, 1936, is a captain with the St. Paul Fire Department. In addition, respondent works part-time for the Nardini Fire Equipment Company as a systems serviceman. His gross income for 1981 was $37,530. Respondent testified that his living expenses are approximately $900 per month, not including payments for spousal maintenance and child support.

Appellant, born November 10, 1936, is unemployed and has not worked since 1963. During the marriage, appellant devoted her time to being a wife and mother. She is a high school graduate with some incidental college credits. Appellant has no formal job training or skills. She is an able-bodied, employable person.

Appellant claims that her monthly living expenses are $1,461. Included in that amount are $200 per month for new furniture and appliances which are needed in the home and $200 per month for payments on 'a new car which appellant claims she needs.

The parties own a home which has a fair market value of $68,000. It is subject to encumbrances of $7,000-$10,000. The trial court awarded appellant the use and occupancy of the homestead until the parties’ youngest child becomes 18 years of age, dies, or is emancipated or otherwise self-supporting, at which time the homestead will be put on the market for sale. The proceeds will be divided equally between the parties after certain items such as selling costs, encumbrances and non-marital contributions are deducted.

Respondent acquired during the parties’ marriage a vested interest in St. Paul Fire Department Relief Association retirement benefits. Each party had an expert testify *505 to the present value of respondent’s pension benefits. The testimony was that the present value varies depending upon when respondent retires. The parties’ experts testified to the following present values:

Retirement Appellant’s Respondent’s
Age Expert Expert
50 $ 81,800 $ 92,000
60 32,000 39,000
65 21,000 21,400

The trial court found the present value to be $21,000, apparently based upon respondent’s testimony that he had no plans to retire before age 65. Respondent cannot begin to receive his interest in the fund until after his 50th birthday, October 5, 1986, at which time, based upon the rate of pay in effect at the time of trial, he would be entitled to a lifetime monthly pension of $827.50.

The trial court awarded appellant $10,500 of respondent’s pension plus interest at the rate of 6% per annum to be paid from the date of entry of the decree. Payments are to begin when the respondent reaches the age of 65 or retires, whichever is earlier, and are to be at the rate of $300 per month. The court gave appellant a lien against the pension until the $10,500 sum, plus interest, is paid in full.

Respondent was required to pay child support in the amount of $150 per month for each of the two minor children until the oldest child becomes 18, dies, or is otherwise emancipated or self-supporting and then $200 per month until the youngest child becomes 18, dies, or is otherwise emancipated or self-supporting.

Appellant was awarded spousal maintenance for 60 months at the rate of $500 per month for 36 months, $400 per month for 12 months, and $300 per month for 12 months.

Appellant Gertrude DuBois raises the following issues on appeal:

(1) Whether it was an abuse of discretion for the trial court to delay appellant’s receipt of her share of respondent’s pension benefits until respondent reaches the age of 65 or retires.

(2) Whether the trial court’s award of spousal maintenance and child support was an abuse of discretion.

(3) Whether it was an abuse of discretion for the trial court to word its decree of dissolution so as not to allow respondent to deduct the amount of maintenance on his federal and state income tax returns.

1. The valuation and division of pension rights is generally a matter for the trial court’s discretion. Faus v. Faus, 319 N.W.2d 408, 413 (Minn.1982); Jensen v. Jensen, 276 N.W.2d 68, 69 (Minn.1979). In Taylor v. Taylor, 329 N.W.2d 795 (Minn. 1983), we discussed two methods of dividing retirement benefits upon dissolution. One method, commonly referred to as the “present cash value method,” is to award the employee spouse the pension and assign the non-employee spouse assets of a value equal to a portion of the present value of the benefits. The other method, usually referred to as the “reserved jurisdiction method,” is to reserve jurisdiction until retirement and divide the actual monetary benefit if and when received. The advantage of the lump sum approach is that it effects a complete severance of the spouses’ interests and gives each spouse immediate control of his or her share of the marital property. The pension rights will, however, often represent the largest portion of the assets owned by the parties. An immediate award of equivalent property to the non-employee spouse in exchange for the future contingent right to pension benefits will in some cases work a severe hardship on the employee spouse. The advantage of reserving jurisdiction over the pension rights and' effecting a division of the actual monetary benefits if and when they accrue is that this approach allocates equally between the parties the risk that the pension benefits may never be paid and enables the court to better determine the actual proportion of' the benefits that were derived from the marriage.

In the case at bar the trial court found the present value of respondent’s vested interest in the St. Paul Fire Department Relief Association pension fund to be $21,- *506 000. It then awarded appellant $10,500 plus interest at the rate of 6% per annum from the date of entry of the court’s decree. This amount is to be paid at the rate of $300 per month commencing when respondent reaches the age of 65 or when he retires, whichever is earlier.

Expert testimony as to the value of respondent’s pension benefits was consistent. The trial court’s finding that the present value is $21,000 is not challenged on this appeal. Appellant is concerned, rather, with the time and manner in which the trial court decided to divide this marital asset. The trial court used neither of the methods discussed in Taylor.

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Bluebook (online)
335 N.W.2d 503, 4 Employee Benefits Cas. (BNA) 2392, 1983 Minn. LEXIS 1209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-dubois-v-dubois-minn-1983.