In Re the Marriage of Garner

781 P.2d 1125, 239 Mont. 485, 1989 Mont. LEXIS 291
CourtMontana Supreme Court
DecidedOctober 25, 1989
Docket89-177
StatusPublished
Cited by11 cases

This text of 781 P.2d 1125 (In Re the Marriage of Garner) is published on Counsel Stack Legal Research, covering Montana 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 the Marriage of Garner, 781 P.2d 1125, 239 Mont. 485, 1989 Mont. LEXIS 291 (Mo. 1989).

Opinions

JUSTICE McDONOUGH

delivered the Opinion of the Court.

The parties’ marriage was dissolved by decree dated February 1, 1989, in the District Court for the Thirteenth Judicial District, Yellowstone County. Wife appeals various aspects of the decree and the findings of fact and conclusions of law contained therein. We affirm.

The issues in this case are:

1. Whether the District Court abused its discretion in failing to award interest on property settlement payments?

2. Whether the District Court erred in finding that appellant was not entitled to maintenance?

3. Whether the District Court erred in failing to award attorney’s fees?

Margaret S. Garner (Margaret) and Kerrian T. Garner (Kerrian) married on March 18, 1966 in Pueblo, Colorado. Two children were born during the marriage. Both children had reached the age of majority before this action was filed.

During the course of the marriage, Kerrian was continuously employed outside the home. Margaret was a homemaker, raised the children and assisted Kerrian in his various employments. She also attended Eastern Montana College and obtained a degree in psychology.

In 1978, Kerrian and Margaret opened up a business which eventually became Kerrian’s, Inc., a retail shoe store. During the first year of operation, Kerrian and Margaret were the only employees for the business. In 1980, the family business was incorporated. Kerrian was issued 51% of the outstanding shares and Margaret was issued 49% of the outstanding shares. For seven years, until 1985, they were both active participants in the business, involving themselves in the daily managerial activities.

In 1985, Margaret moved to San Francisco, California to attend [487]*487law school at Hastings School of Law. During her absence, Kerrian continued to operate the business. While at law school, she relied upon Kerrian for financial support. At the time of trial she was on academic suspension due to a low grade point average. It was her intention to return to school and complete the requirements necessary for her degree which were estimated to take approximately one year.

Kerrian filed the petition for dissolution in December of 1987. The issues at trial were distribution of the marital estate, maintenance for Margaret and attorney’s fees for Margaret.

The District Court addressed the distribution of the marital estate in two parts: first, the assets and liabilities of the parties, excluding, the family business; and second, the family business. In part one the District Court found that the net distribution to each party should be on a 50-50 basis. In part two, the District Court found that the value of Kerrian’s, Inc. should be divided on the basis of stock ownership, a 51-49 percentage basis.

Because animosity between the parties made it impossible for Kerrian and Margaret to continue in a business relationship, the court ordered Kerrian to buy Margaret’s interest in the business and to pay her a total of $97,785.00. The court valued Margaret’s share of the corporation at $85,970.50. In order to equalize the property distribution, the court further ordered Kerrian to pay $11,814.50. Thus, the total amount owed Margaret equaled $97,785.00. Kerrian was to pay her $3,000 per month until the debt was paid. This plan did not provide any provision for interest. The court also found that Margaret was not entitled to maintenance and further ordered both parties to pay their own attorney’s fees and costs in the action. This appeal followed.

I

Margaret argues that the trial court abused its discretion in the distribution of the marital estate by failing to award interest on the property settlement payments. According to the lower court’s judgment, Kerrian must make monthly payments of $3,000.00, without interest, for 32.59 months until Margaret’s cash award of $97,785.00 is fully paid. Margaret contends that this method of payment has the effect of devaluing her equity in the marital estate, and thus is an abuse of discretion on the part of the trial court. We disagree.

At the outset, we note that it is the stated objective of this Court [488]*488to “pay a great amount of deference to the judgment of the District Court regarding property divisions.” In re Marriage of Burleigh (1982), 200 Mont. 1, 8, 650 P.2d 753, 756. The standard of review of a lower court’s judgment is whether the district court acted arbitrarily without employment of conscientious judgment or exceeded the bounds of reason resulting in substantial injustice. In re Marriage of Rolfe (1985), 216 Mont. 39, 45, 699 P.2d 79, 83.

The division of the marital prop.erty in a dissolution action is governed by the provisions of § 40-4-202, MCA. This statute dictates that a court take the needs and characteristics of the parties into account. The statute does not, however, mandate that the marital property be divided equally. Equity, not equality, guides a court’s discretion in dividing the marital, estate. In re Marriage of Fitzmorris (Mont. 1987), [229 Mont. 96,] 745 P.2d 353, 354, 44 St.Rep. 1809, 1811.

Margaret argues that the method of payment, dictated by the court below, has the effect of devaluing her share of the marital estate. It is her contention that the cash award is necessarily devalued because it is paid over time. In order to accurately divide the estate, according to the stated goal of a 51-49 percentage, she should be awarded interest payments.

This argument, however, ignores the fact that the allowance of interest is within the discretion of the District Court. In re Marriage of Jacobson (1979), 183 Mont. 517, 600 P.2d 1183; In re Marriage of Wessel (1986), 220 Mont. 326, 715 P.2d 45.

A review of the facts does not support Margaret’s contentions that the District Court abused its discretion. Personal property, acquired during the marriage, was split on a 50-50 basis. Kerrian’s, Inc., was split according to stock ownership, or on a 51-49 percentage basis. In making this apportionment, the District Court made extensive findings with regard to the parties’ needs and potentialities. It found that because of her employment skills, acquired through experience gained as assistant manager of the family business, and her education, including future graduation from a prominent law school, Margaret has an excellent opportunity for future acquisition of capital assets and income.

We do not disagree with these findings. A Juris Doctorate degree is a valuable income producing asset. Margaret testified that the top graduates from Hastings earn on the average of $40,000 to $65,000 a year. In contrast, Kerrian has only one year of college. He has worked in the family business for all of his adult life while Margaret [489]*489received a college education at Eastern Montana College and two years of law school at Hastings. In light of these facts we hold that the trial court’s property division was not an abuse of discretion.

II

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Cite This Page — Counsel Stack

Bluebook (online)
781 P.2d 1125, 239 Mont. 485, 1989 Mont. LEXIS 291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-garner-mont-1989.