Marriage of Crace v. Crace

396 N.W.2d 877, 1986 Minn. App. LEXIS 5005
CourtCourt of Appeals of Minnesota
DecidedDecember 2, 1986
DocketC2-86-904, C9-86-916
StatusPublished
Cited by8 cases

This text of 396 N.W.2d 877 (Marriage of Crace v. Crace) 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 Crace v. Crace, 396 N.W.2d 877, 1986 Minn. App. LEXIS 5005 (Mich. Ct. App. 1986).

Opinions

OPINION

CRIPPEN, Judge.

In this dissolution matter, appellant alleges the trial court erred as a matter of law by classifying appellant’s state trooper pension benefits as marital property. Both appellant and respondent claim the trial court abused its discretion in valuing and dividing property. We affirm.

FACTS

Appellant Robert Crace and respondent Carol Crace were married in 1962 and have three children. In November 1984, the trial court issued a partial judgment granting a dissolution of their marriage but reserving all other issues. The only unemanci-pated child at that time was James Crace, born November 18, 1970.

Appellant has been employed as a highway patrol officer for over 16 years. He plans to work until retirement, when he will be eligible for state trooper pension benefits. Appellant may retire at age 55; retirement becomes mandatory at age 60. Appellant is not presently eligible for social security benefits.

Respondent is employed as a production clerk at Sanzo Nutrition and anticipates social security benefits upon retirement.

The trial court addressed the reserved issues in two amended judgments, entered in February 1986 and May 1986. The court awarded appellant custody of James and granted liberal visitation rights to respondent, pursuant to the parties’ stipulation. The court ordered respondent to pay $190 in monthly child support.

The court valued appellant’s state trooper pension benefits at $25,000 and awarded them to appellant. Appellant’s expert estimated the present value of the anticipated state trooper retirement benefits at $19,749 before taxes and $15,986 after taxes. Respondent’s expert valued the benefits at $88,472, assuming an interest rate of five percent. By affidavit, appellant’s expert rebutted the validity of the assumed interest rate.

Appellant was also granted the parties’ homestead, which the court valued at $32,-000. Respondent Carol Crace was granted cash of $26,786 as her share of the marital property distribution, to be secured by a lien on the homestead. In calculating this award the court took into account the pension and home awarded to appellant, viewing the pension as part of his marital property. The court made no adjustment of this calculation to take into account respondent’s potential social security benefit.

The court originally allocated any potential tax refunds for 1981, 1982, and 1983 to appellant, but in the second amended judgment the court instead divided the refunds equally between the parties. The court also ordered both parties to pay various marital debts. Appellant’s allocation included a debt to the highway credit union, initially valued at $9681 and later amended to $7589.

Appellant claims (1) the trial court erred as a matter of law in treating his state trooper pension as marital property, (2) alternatively, the trial court abused its discretion in valuing the pension benefits, (3) the trial court improperly valued the highway credit union debt, and (4) he is exclusively entitled to possible income tax refunds. Respondent claims the trial court abused its discretion in valuing appellant’s pension benefits at $25,000 rather than $88,472.

[879]*879ISSUES

1. Did the trial court err in considering state trooper retirement benefits as marital property?

2. Did the trial court abuse its discretion in the valuation and distribution of property and marital debt payments?

ANALYSIS

1. “Determination of whether a particular item of property is marital or nonmari-tal is a question of law * * *." Erdahl v. Erdahl, 384 N.W.2d 566, 568 (Minn.Ct.App.1986). “All property acquired during the marriage is presumed to be marital property.” Id. See Minn.Stat. § 518.54, subd. 5 (1984).

The trial court properly rejected appellant’s argument that state trooper pension benefits are exempt from consideration as marital property. The court relied on both the statutory presumption that property is marital unless shown otherwise and on Janssen v. Janssen, 331 N.W.2d 752 (Minn.1983), in which the Minnesota Supreme Court established nonvested, unmatured police officer pension benefits as marital property. Id. at 754-56. In 1978, the legislature expressly noted that “nonforfeitable” (later amended to say “vested”) pensions were marital property. 1978 Minn. Laws ch. 772, § 48. In Janssen, the supreme court said that a nonvested pension was a contractual right, a property interest, and within the “expansive” statutory definition of marital property. Id. at 754-55.

The supreme court in Janssen concluded:

Our reading of legislative intent comports with the growing recognition of pension rights and their importance as a major asset in marital dissolution proceedings. In the instant case, the pension was one of the major assets of the marriage, and only the house ranked with equal stature. To award one party this asset would ignore the presumption of Minn.Stat. § 518.58 (1982) that each spouse contributed to the acquisition of property while they lived together as husband and wife.

Id. at 756.

Janssen followed a series of cases finding both private and public pension benefits to be marital property, including Elliott v. Elliott, 274 N.W.2d 75, 77 (Minn.1978) (private pension benefits are property for purposes of distribution under Minn.Stat. § 518.58, the division of marital property statute); Jensen v. Jensen, 276 N.W.2d 68, 69 (Minn.1979) (fact that benefits are not readily available until a number of contingencies have occurred does not exclude their consideration as marital property); Faus v. Faus, 319 N.W.2d 408, 413 (Minn.1982) (firefighter pension benefits are property to be considered by the court in division of marital property); and Taylor v. Taylor, 329 N.W.2d 795, 797-98 (Minn.1983) (applying Faus, Jensen, and Elliott). The supreme court has reaffirmed this rule since Janssen. See DuBois v. DuBois, 335 N.W.2d 503, 505 (Minn.1983) (valuation and division of pension rights is generally a matter for the trial court’s discretion, citing Faus and Janssen).

Appellant, however, argues that a 1983 amendment to the state trooper retirement statutes overrules this line of cases and exempts state trooper pension benefits from consideration as marital property. See 1983 Minn.Laws ch. 128, § 24. The 1983 statute, in effect at the time this action began, provides that:

None of the moneys, annuities, or other benefits provided for in [Chapter 352B] shall be assignable either in law or in equity or be subject to execution, levy, attachment, garnishment, or other legal process, including actions for dissolution, legal separation, or child support.

Minn.Stat. § 352B.071 (Supp.1983) (amended 1984) (emphasis added).

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Bluebook (online)
396 N.W.2d 877, 1986 Minn. App. LEXIS 5005, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-crace-v-crace-minnctapp-1986.