Laude v. Laude

1999 ND 203, 600 N.W.2d 848, 1999 N.D. LEXIS 223, 1999 WL 956494
CourtNorth Dakota Supreme Court
DecidedOctober 20, 1999
Docket990028
StatusPublished
Cited by9 cases

This text of 1999 ND 203 (Laude v. Laude) 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
Laude v. Laude, 1999 ND 203, 600 N.W.2d 848, 1999 N.D. LEXIS 223, 1999 WL 956494 (N.D. 1999).

Opinion

NEUMANN, Justice.

[¶ 1] David Laude appeals from the trial court’s November 13, 1998, judgment and December 28, 1998, amended judgment, challenging the court’s spousal support award. We affirm, holding the trial court’s spousal support award is not clearly erroneous.

[¶ 2] David Laude and Constance Laude were married on February 28,1969. After twenty-nine years of marriage, they divorced in 1998. David Laude was fifty-one years old and Constance Laude was forty-nine years old at the time of the divorce.

[¶ 3] Constance Laude is a high school graduate. She attended Joseph’s Hair College and is employed three days a week as a cosmetologist. Constance Laude is partially disabled from a 1993 automobile accident. She suffers from permanent injuries including fibromyalgia, knee injuries, severe headaches, TMJ (temporal mandibular joint) dysfunction, and memory loss. These ailments affect her ability to work full time. David Laude is a high school graduate and has worked for the United States Postal Service since 1966.

[¶ 4] On August 10, 1998, in a post-trial stipulation, the parties agreed to a marital property division. They agreed the total marital asset value was approximately $175,800, and the net marital asset value was between $148,500 and $148,600. The parties’ marital debt totaled $27,240, which included $2,000 in attorneys’ fees and $25,-240 owed to Florence Benz, David Laude’s mother. Under the parties’ stipulation, Constance Laude received the marital home sale proceeds, valued at $83,000. David Laude received Constance Laude’s waiver of all right, title, interest, and claim to his pension with the United States Postal Service, valued at $41,811.77. The parties also expressly stipulated to submit the issue of spousal support to the trial court for determination.

[¶ 5] On November 13, 1998, the trial court entered its judgment, which incorporated the parties’ stipulation. After applying the Rujf-Fischer guidelines, the court concluded Constance Laude was entitled to permanent spousal support of $800 per month until her death or remarriage, to be reduced to $500 per month when David Laude retires. David Laude moved to amend the judgment. On December 28, 1998, the court amended the judgment reducing David Laude’s post-retirement spousal support obligation to $300 per month. David Laude appeals, arguing the trial court’s spousal support award is clearly erroneous.

[¶ 6] David Laude recognizes the trial court has the discretion to award spousal support, but he argues the post-retirement spousal support is an improper claim against his retirement pension because Constance Laude waived any right to his retirement pension in the parties’ stipulation.

*850 [¶ 7] We have encouraged trial courts to recognize valid, equitable property agreements between divorcing parties. Crawford v. Crawford, 524 N.W.2d 833, 835-36 (N.D.1994); Clooten v. Clooten, 520 N.W.2d 843, 846 (N.D.1994); Peterson v. Peterson, 313 N.W.2d 743, 744 (N.D.1981). The public policy on divorce favors a “prompt and peaceful resolution of disputes.” Clooten, at 846 (quoting Wolfe v. Wolfe, 391 N.W.2d 617, 619 (N.D.1986)). “[T]o the extent that competent parties have voluntarily stipulated to a particular disposition of their marital property, a court ordinarily should not decree a distribution of property that is inconsistent with the parties’ contract.” Wolfe, at 619.

[¶ 8] In this case, Constance Laude “waive[d] all right, title, interest and claim to David’s pension” in the incorporated stipulation. However, Constance Laude and David Laude also voluntarily stipulated to “submit to the [Trial] Court the decision as to the issue of whether one party shall pay to the other any alimony, spousal support or maintenance, and the amount and duration thereof.”

[¶ 9] The post-retirement spousal support awarded by the court is clearly not a claim by Constance Laude against David Laude’s pension. The parties’ stipulation expressly left the spousal support award determination to the trial court. While some testimony suggested the pension proceeds may be David Laude’s only income source during retirement, the trial court did not award Constance Laude a portion of the pension proceeds. After retirement, David Laude may use other accumulated property or income to pay the support obligation, or he may move to amend his support obligation. 1 Additionally, the parties could have agreed to a post-retirement spousal support amount in their stipulation, or agreed that income from David Laude’s pension could not be used in determining the post-retirement spousal support award. They did not. Instead, the parties explicitly agreed the trial court could decide whether to award spousal support. Therefore, the trial court did not err by awarding post-retirement spousal support.

[¶ 10] David also argues the trial court clearly erred in awarding Constance Laude $800 per month in pre-retirement spousal support. David Laude argues that amount is excessive considering the parties’ property distribution and Constance Laude’s income potential.

[¶ 11] A trial court’s determination on spousal support is a finding of fact that will not be set aside unless clearly erroneous. Fleck v. Fleck, 427 N.W.2d 355, 357 (N.D.1988). “Under this standard, we reverse only if there is no evidence to support a finding or if, upon a review of the entire evidence, we are left with a definite and firm conviction the trial court has made a mistake.” Fenske v. Fenske, 542 N.W.2d 98, 102 (N.D.1996).

[¶ 12] In deciding spousal support, the trial court must consider the Ruff-Fischer guidelines. Lill v. Lill, 520 N.W.2d 855, 856 (N.D.1994). Under those guidelines, the trial court reviews:

[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 *851 before or after the marriage, and such other matters as may be material.

Id., at 856.

[¶ 13] The trial court has discretion, after hearing the testimony and applying the Ruff-Fischer guidelines, see Ruff v. Ruff 78 N.D. 775, 52 N.W.2d 107 (1952) and Fischer v. Fischer, 139 N.W.2d 845 (N.D.1966), to award spousal support.

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Bluebook (online)
1999 ND 203, 600 N.W.2d 848, 1999 N.D. LEXIS 223, 1999 WL 956494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laude-v-laude-nd-1999.