Marriage of Arneson v. Arneson

355 N.W.2d 16, 120 Wis. 2d 236, 1984 Wisc. App. LEXIS 4033
CourtCourt of Appeals of Wisconsin
DecidedJune 13, 1984
Docket82-2305
StatusPublished
Cited by55 cases

This text of 355 N.W.2d 16 (Marriage of Arneson v. Arneson) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marriage of Arneson v. Arneson, 355 N.W.2d 16, 120 Wis. 2d 236, 1984 Wisc. App. LEXIS 4033 (Wis. Ct. App. 1984).

Opinion

NETTESHEIM, J.

This is an appeal and cross-appeal from the terms of a judgment of divorce awarded to the petitioner (Ara Lee) against the respondent (John). The issues involved are: (1) determination of the marital estate; (2) valuation of the marital estate; (3) division of the marital estate; (4) denial of maintenance to Ara Lee, and (5) contribution to Ara Lee’s attorney’s *240 fees relative to proceedings in the trial court and on this appeal.

The parties were married in 1963 when Ara Lee was twenty-four and John was twenty-six. During the marriage, Ara Lee maintained employment, on either a full-time or parttime basis, in clerical and sales-related positions. John came within one credit of graduating from college and began working fulltime with the Arneson Foundry in 1959. He has maintained fulltime employment at the foundry ever since. During the course of the marriage, John has attained the positions of corporate vice president, treasurer, and director of Arneson Foundry. The parties do not have any children. Additional facts of the case and specifics of the trial court’s decision will be referred to as the discussion of each issue requires.

DETERMINATION OF MARITAL ESTATE

“Fruits” of the Arneson Foundry Stock

At the time of the divorce, 750 shares of Arneson Foundry Corporation stock were outstanding. These shares were owned in equal 250-share amounts by John, his brother James, and his cousin Richard. Of John’s 250 shares, the trial court properly excluded from the marital estate 100 shares gifted to John by his father. Other lesser amounts of non-Arneson property inherited by John were also excluded from the marital estate. The propriety of these exclusions is not at issue on this appeal.

The trial court valued the Arneson Foundry stock at $8,750 per share, placing the value of the stock included in the marital estate at $562,500. The trial court then awarded Ara Lee one-third of this value, or $187,500. The propriety of this valuation and the one-third award *241 to Ara Lee will be discussed in a later portion of this decision.

Following the above calculations, the trial court noted that other assets of the marital estate had been purchased with the “fruits” of John’s inherited and gifted property. 1 Since the gifted and inherited property was properly excluded from the marital estate, the trial court reasoned that other property purchased with the dividend income generated by the excluded property should also be excluded. 2 Since forty percent (100 shares) of John’s Arneson stock was excluded as gifted property, the trial court determined that an approximate similar amount (thirty-five percent) representing property purchased from the “fruits” of the gifted Arneson stock should be excluded from the remaining estate. 3

*242 The trial court utilized the values assigned to United States government bonds and certain tax-exempt bonds for purposes of effectuating this further exclusion. These items were valued at $579,131 after crediting John with two items of personal property previously awarded. Of this amount, $202,696 (thirty-five percent) was accordingly excluded from the marital estate. The balance of $376,435 was then subjected to the same division as applied to the included Arneson Foundry stock — one-third to Ara Lee and two-thirds to John.

Ara Lee argues that the exclusion of property purchased by the dividend income of the Arneson Foundry stock was improper. There is a dearth of authority, both in this state and elsewhere, on this question. 4

We have recently held that the appreciated value of a nonmarital gift is to be regarded as nonmarital property where the appreciation is due to general economic conditions of inflation, normal appreciation of real estate, and where the nonowning spouse did not make contributions occasioning the appreciation in value. Plachta v. Plachta, 118 Wis. 2d 329, 348 N.W.2d 193 (Ct. App. 1984). The issue in the instant case moves beyond Plachta and presents the question of whether other property purchased with the dividend income generated by an excluded asset should also be excluded from the marital estate. 5

The issue is one of statutory construction of the following language of sec. 767.255, Stats.:

Any property shown to have been acquired by either party prior to or during the course of the marriage as a gift, bequest, devise or inheritance or to have been *243 paid for by either party with funds so acquired shall remain the property of such party and may not be subjected to a property division under this section except upon a finding that refusal to divide such property will create a hardship on the other party ....

Plachta implies that sec. 767.255 is ambiguous because it is silent as to the treatment of appreciation of inherited or gifted property. We do not necessarily agree that the statute is ambiguous — at least as it applies to the facts of this case. A plain reading of the statute satisfies us that property acquired with income generated by an excluded asset is not excluded from the marital estate. However, even following the rule of Plachta, construing the statute as ambiguous, and applying the rules of statutory construction, we are all the more convinced that such property is included in a marital estate.

Statutory construction is a question of law, and we need not defer to a trial court’s conclusion. Plachta at 332, 348 N.W.2d at 195. In construing a statute, the primary source is the language of the statute itself. Wisconsin’s Environmental Decade, Inc. v. Public Service Commission, 81 Wis. 2d 344, 350, 260 N.W.2d 712, 715 (1978). The entire section of a statute and related sections are to be considered in its construction or interpretation. Omernik v. State, 64 Wis. 2d 6, 12, 218 N.W.2d 734, 738 (1974). In determining the meaning of any single phrase or word in a statute, it is necessary to view it in the light of the entire statute. State ex rel. Tilkens v. Board of Trustees of Firemen’s Pension Fund, 253 Wis. 371, 373, 34 N.W.2d 248, 249 (1948).

Wisconsin recognizes a married person’s right to continue to own his or her sole and separate property. Plachta, 118 Wis. 2d at 333, 348 N.W.2d at 195. Plachta concludes that nothing in ch. 767, Stats., indicates that an appreciation in value of nonmarital property somehow renders it marital property. Id.

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Bluebook (online)
355 N.W.2d 16, 120 Wis. 2d 236, 1984 Wisc. App. LEXIS 4033, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-arneson-v-arneson-wisctapp-1984.