Marriage of Auer v. Scott

494 N.W.2d 54, 1992 Minn. App. LEXIS 1229, 1992 WL 374026
CourtCourt of Appeals of Minnesota
DecidedDecember 22, 1992
DocketCX-92-1324
StatusPublished
Cited by4 cases

This text of 494 N.W.2d 54 (Marriage of Auer v. Scott) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marriage of Auer v. Scott, 494 N.W.2d 54, 1992 Minn. App. LEXIS 1229, 1992 WL 374026 (Mich. Ct. App. 1992).

Opinions

OPINION

SCHUMACHER, Judge.

The stipulated dissolution decree of appellant Barbara Anne Scott and respondent Richard T. Auer provided for terminating Auer’s maintenance obligation if Scott cohabited with a male person. Auer ceased maintenance, alleging Scott triggered the cohabitation clause by cohabiting with a male person. Scott disagreed, arguing she derived no economic benefit even if she were in violation of the cohabitation clause. The trial court terminated Auer’s maintenance obligation. Scott now maintains the termination was inappropriate because she did not receive the economic benefit she maintains the cohabitation clause requires.

FACTS

The parties’ stipulated marital termination agreement awarded Scott maintenance which would terminate if she “cohabited” with an unrelated male person. As most of the agreement’s pages have handwritten deletions or alterations of the typed provisions, it was apparently negotiated up to and including the day it was signed. Paragraph seven addressed maintenance and included the cohabitation clause as a typed provision. The cohabitation clause was not altered by hand, but other aspects of paragraph seven were. Both parties signed the page containing paragraph seven.

The parties’ decree incorporated the agreement. After one month, Auer ceased maintenance alleging Scott had triggered the cohabitation clause by living with William M. Dickel.

The propriety of the maintenance termination was submitted to the same trial judge who originally received the stipulation and issued the decree. The evidence indicated Dickel was paying rent at a friend’s house for use of a bedroom. It also indicated Dickel had “moved in” with Scott before Auer was liable for maintenance, and that Dickel’s car, driver’s license, voter’s registration, and a credit card all used Scott’s address. He also used Scott’s address on a loan application.

Scott alleged she did not economically benefit from these circumstances. Auer did not strongly dispute this allegation. Scott alleged the cohabitation clause required her to derive economic benefit from living with someone before maintenance could be terminated. Auer, however, argued that sharing a residence triggered the clause.

In its order, the trial court found Dickel spent only one night a week at the address where he pays rent but that Scott had not economically benefitted from Dickel’s presence at her residence. The trial court also specifically found that while Auer was aware Scott was involved with Dickel during the stipulation’s negotiation, he was unaware of Dickel’s use of Scott’s address in official capacities. The trial court then terminated Auer’s maintenance obligation, concluding that Dickel “cohabited” with Scott. The trial court also required Scott to repay Auer for the one month’s maintenance already paid.

Scott and Dickel are now married. Thus, this appeal involves Auer’s maintenance obligation for the period between the decree’s issuance and the marriage. See Minn.Stat. [56]*56§ 518.64, subd. 3 (Supp.1991) (remarriage terminates maintenance).

ISSUE

Did the trial court erroneously terminate Auer’s maintenance obligation?

ANALYSIS

Here, the parties’ stipulated decree states Auer’s maintenance obligation would terminate should Scott “cohabit with a male person not related within the first degree of consanguinity” but does not further define “cohabit” or “cohabitation.”

1. Termination of Maintenance on “Moral Grounds”

Scott argues the trial court improperly terminated maintenance on “moral grounds.” This argument misreads the trial court’s order. Seeing the issue as the “definition of ‘cohabit’ and the parties’ intention in negotiating” the agreement, the trial court observed that, if a cohabitation clause is court ordered, maintenance modification must be pursuant to Minn.Stat. § 518.64. The trial court then reasoned that, because the instant cohabitation clause was stipulated, the parties’ stipulation “would serve no purpose” if the analysis for court-ordered cohabitation clauses was applied here.

Therefore, the trial court concluded that Scott’s cohabitation with Dickel was sufficient to terminate Auer’s maintenance obligation. Termination of Auer’s maintenance obligation was based on the stipulation rather than “morality,” and Scott’s argument to the contrary is without merit.

2. Dual Standard

The supreme court has stated that the existence of a meretricious relationship does not constitute, simply by reason of the nature of the relationship, sufficient ground for the termination of alimony. Where, however, a former spouse’s need for support is reduced through such a relationship, modification is appropriate.

Abbott v. Abbott, 282 N.W.2d 561, 566 (Minn.1979). Cohabitation clauses are functionally read as allowing maintenance modification upon a substantial change in circumstances under Minn.Stat. § 518.64 subd. 2. See, e.g., Aaker v. Aaker, 447 N.W.2d 607 (Minn.App.1989), pet. for rev. denied (Minn. Jan. 12, 1990).

The trial court’s conclusion that the quoted portion of Abbott was inapplicable to the instant stipulated cohabitation clause created two definitions for “cohabit” depending upon whether the source of a cohabitation clause is a stipulation or a court order. As a result, the trial court also implicitly created separate thresholds for triggering a clause depending on its source: “substantial change” for court-ordered cohabitation clauses and “shared residence” for the instant stipulated clause which does not otherwise define cohabit. Scott functionally challenges this dual standard.

Scott’s allegation that the trial court failed to explain the inapplicability of the Abbott analysis is addressed by the trial court’s statement that the parties’ cohabitation provision “would serve no purpose” if given an economic interpretation under Abbott. When examining stipulations:

A reviewing court is obliged to attempt to interpret the actual words used by the parties, and there is a presumption they meant what they said.

Vanderleest v. Vanderleest, 352 N.W.2d 54, 57 (Minn.App.1984); see also Chergosky v. Crosstown Bell, Inc., 463 N.W.2d 522, 526 (Minn.1990) (when interpreting contracts, courts presume parties intend language used to have effect and “will attempt to avoid an interpretation of the contract that would render a provision meaningless”).

Abbott and Minn.Stat. § 518.64, subd. 2 were part of Minnesota’s case and statutory law at the time of the parties’ stipulation. Therefore, if the court imposed a cohabitation clause, or one was not in the decree, maintenance modification would have required a substantial change in circumstances. Here, however, the parties stipulated to a cohabitation clause. Because court ordered cohabitation clauses [57]

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Related

Anderson v. Anderson
522 N.W.2d 476 (North Dakota Supreme Court, 1994)
Marriage of Ayers v. Ayers
494 N.W.2d 306 (Court of Appeals of Minnesota, 1993)
Marriage of Auer v. Scott
494 N.W.2d 54 (Court of Appeals of Minnesota, 1992)

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Bluebook (online)
494 N.W.2d 54, 1992 Minn. App. LEXIS 1229, 1992 WL 374026, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-auer-v-scott-minnctapp-1992.