Leckie v. Leckie

680 P.2d 635, 101 N.M. 254
CourtNew Mexico Court of Appeals
DecidedApril 10, 1984
Docket7334
StatusPublished
Cited by6 cases

This text of 680 P.2d 635 (Leckie v. Leckie) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Leckie v. Leckie, 680 P.2d 635, 101 N.M. 254 (N.M. Ct. App. 1984).

Opinion

OPINION

WOOD, Judge.

The property of the parties was divided in connection with their divorce. Husband (Myrle) appeals. There are two issues: (1) valuation of the husband’s pension; and (2) imposition of a community lien on separate property. We reverse on both issues.

Valuation of the Pension

It is undisputed that $326.01 of the husband’s monthly pension benefit was community property.

The retirement plan provided that the retirement benefits would be paid until the husband’s death. However, if the husband died within ten years of retirement, a named annuitant would be paid the benefits up to ten years after the husband’s retirement date. The husband retired April 30, 1974; the assured payment of ten years expires on April 30, 1984.

In dividing the property in May 1983, the trial court found that the husband had a life expectancy of 120 months and that the community had an interest of approximately $40,000.00 in the husband’s retirement benefits. This approximation is reached by multiplying $326.01 by 120. The question of dividing the community property interest in the pension on a “pay as it comes in” system, see Copeland v. Copeland, 91 N.M. 409, 575 P.2d 99 (1978), was presented to, and rejected by, the trial court. No issue of a monthly division is presented in the appeal.

In dividing the property, the trial court utilized the $40,000.00 amount. The husband asserts this was an incorrect valuation because this was the total amount to be paid over the husband’s life expectancy. Specifically, the husband contends that the trial court erred in failing to reduce this total to present value. In the trial court, the husband urged that the total amount should be discounted at five percent and that the present value of the community interest in the pension, at the time of division, was $24,432.05. We are not concerned with the accuracy of either the trial court’s or the husband’s arithmetic. The issue is whether the community interest in the pension should have been reduced to present value.

The husband relies on Copeland and Ridgway v. Ridgway, 94 N.M. 345, 610 P.2d 749 (1980). Copeland holds that either the present value of a community interest in a vested but unmatured pension should be utilized in the division of assets or that the pension should be divided as it comes in. In Ridgway, the husband had a vested, unmatured interest in his employer’s profit-sharing plan. This plan had no ascertainable future benefit; this future benefit depended upon the success or failure of the business operation. Because there was no ascertainable future benefit, present value could not be determined. “Under these particular facts, the trial court correctly used the undiscounted current, actual value of the plan at the date of the divorce.” Id. at 347, 610 P.2d 749 (emphasis in original).

Wife (Frances Nell) points out that neither Copeland nor Ridgway involved a “matured” pension. The husband’s pension plan is matured; he has been receiving benefits since his retirement in 1974. See Copeland. The wife suggests the “present value” requirement need not be followed in dividing matured pension benefits.

Ridgway states:

In Copeland, supra, this Court did not state an inflexible rule that trial courts could apply only the present value method and no other. Under Copeland, the trial courts must, in divorce actions where a state retirement plan is part of community property, apply the present value method where that value is ascertainable by substantial evidence. On the other hand, if present value cannot be ascertained, then current, actual value may be applied by the court. Profit sharing plans fall within the rule announced in Copeland____

Id. at 347, 610 P.2d 749 (emphasis in original).

The valuation of matured pension plan benefits also comes within the rule announced in Copeland. In so holding, we have not considered that pension payments will cease upon the husband’s death after April 30, 1984; that upon the husband’s death after that date the pension plan has zero value. This prospect is not considered because the husband does not challenge the propriety of valuing his pension benefits on the basis of a 120-month life expectancy. What we do consider is that the benefits are to be paid monthly, in the future. The trial court considered those future payments as if they had already been received. On cross-examination, the wife, who admitted she was an accountant, agreed that multiplying the community interest hr the pension by life expectancy gave “future value”; that to arrive at value as of the date of division, this future value would have to be discounted. If not discounted to present value, the valuation is overstated in that the earning power of money has not been considered. See footnote 1 to Ridgway. The present value approach, moreover, is consistant with NMSA 1978, UJI Civ. 18.22 (Repl.Pamp.1980), which requires a jury to reduce certain future damages to present value.

Citing Michelson v. Michelson, 89 N.M. 282, 551 P.2d 638 (1976), for the view that each case must be decided upon its own merits, the wife asserts that the trial court did not err in utilizing future value rather than present value. According to the wife, the use of the undiscounted $40,000.00 future value should be affirmed because this use accomplished substantial justice. Michelson involved the problem of determining whether the husband’s interest in a corporation was separate or community property. That is not a problem in this case; the community interest is not disputed. Nor is the extent of the community interest a problem. See Portillo v. Shappie, 97 N.M. 59, 636 P.2d 878 (1981). The community interest is $326.01 each month that the pension is paid. Our limited problem is how that community interest is to be valued in dividing the property. Substantial justice is not achieved by overvaluing that interest in dividing the property.

The trial court erred in failing to reduce the future value of the community interest in the pension to present value.

Community Lien on Separate Property

Prior to marriage, both parties owned separate property. The trial court found that during the marriage the community had acquired an interest, to the extent of $20,000.00, in the separate property of each spouse. It offset their community liens in dividing the property. The monetary amount expended on the husband’s separate property is not contested.

The rents from the husband’s separate property went into a joint account of the parties. Expenditures from this account included the $20,000.00 expended on the husband’s separate property. Other expenditures from this account were on behalf of the community. There are some testimonial differences as to the total amount of rent money deposited in the joint account.

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Bluebook (online)
680 P.2d 635, 101 N.M. 254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leckie-v-leckie-nmctapp-1984.