Marriage of Fastner v. Fastner

427 N.W.2d 691, 1988 Minn. App. LEXIS 663, 1988 WL 75377
CourtCourt of Appeals of Minnesota
DecidedJuly 26, 1988
DocketC2-88-132
StatusPublished
Cited by9 cases

This text of 427 N.W.2d 691 (Marriage of Fastner v. Fastner) 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 Fastner v. Fastner, 427 N.W.2d 691, 1988 Minn. App. LEXIS 663, 1988 WL 75377 (Mich. Ct. App. 1988).

Opinion

OPINION

WOZNIAK, Chief Judge.

Edward and Patricia Fastner both appeal their dissolution decree. Edward disputes the trial court’s valuation and distribution of assets, maintenance award, and its refusal to recognize a claimed nonmarital interest in the parties’ homestead. Patricia appeals the trial court’s failure to order Edward to include her as a named beneficiary under Edward’s life insurance policy during the period of spousal maintenance. This appeal follows the trial court’s denial of cross motions for amended findings of fact, conclusions of law, or a new trial. We affirm in part, reverse in part, and remand for further consideration by the trial court.

FACTS

At the time of the dissolution, Edward Fastner was 58 and Patricia Fastner was 54. They had been married since 1955. The parties have three adult children. The youngest (age 22) is in college and continues to reside with Patricia in the parties’ homestead.

The parties separated in November 1982. This dissolution action was commenced in September 1984. A temporary order pertaining to maintenance, occupancy of the homestead, and other matters was entered in November 1984.

A trial was held in October 1987. Numerous issues were contested. The testimony at trial and the trial court’s findings of fact related to the following broad areas: the parties’ health, work history and income, living expenses, assets, and need for maintenance.

Parties’ Health

Both parties have significant health problems. The trial court found that Edward suffered from probable multiple sclerosis [MS], but that he presently was able to work on a full-time basis and provide for his own needs. He limps and drags a foot as a result of the MS. He can no longer *694 run or carry heavy objects. He claimed concentration and memory problems which have led to a decline in his job performance; the medical documentation indicates this is a result of stress related to concerns over job performance and the pending divorce. . He testified that his job performance has suffered as a result of the decrease in mobility he has suffered as a result of MS.

The medical documentation also discusses the future impact of MS on Edward’s health. The doctors are unanimous in their assessment that the disease is progressive, although the progression of his disease is not that usually seen in MS patients (instead of periods of attack followed by remission, he has experienced a steady downward decline in muscle control). His doctor’s June 1987 assessment of Edward’s work and life expectancy indicates:

It is my opinion that [Edward’s MS] is going to interfere with his continuing to work and will do this in the very near future. * * * I, however, would be concerned that this is going to be a cause for a medical retirement in the near future.
* * * * * *
It is fair to say that patients with multiple sclerosis have a shortened life expectancy and that this shortened life expectancy sometimes is substantial.
I have some fears that his life expectancy may be shortened and the possibility that this shortening may be substantial would have to be thoroughly entertained.

A March 1986 report from the Mayo Clinic equivocates in its assessment of the potential impact of MS on Edward’s life:

As far as his neurologic diagnosis, I think he likely has multiple sclerosis of late onset. * * * Hopefully, this too will stabilize or if it progresses, will do so in a slow fashion, enabling Mr. Fast-ner to compensate for his disability.

Patricia’s Health

The trial court enumerated the various health problems with which Patricia is afflicted. Her left kidney has been removed. She has had a tumor removed from her stomach; this condition may be precancerous. She has been diagnosed as suffering from optic neuritis, and is legally blind in the left eye. She also may develop problems in her right eye. She is under continuing medical care, and makes frequent trips to Mayo Pain Clinic where she receives injections for the pain she experiences as a result of the neuritis.

The trial court concluded that Patricia’s medical problems made it extremely difficult for her to work consistently on a full-time basis, although she has been able to work nearly full-time for the past three years.

Work History and Income

Edward has been employed at 3M for 21 years. Most of his career has been spent as a machine designer, the job he currently holds. His current income is $2,430 per month gross, with a net income of $1,635.

Patricia worked outside the home for a brief period following the parties’ marriage in 1955. She again began working outside the home, as a part-time caterer, in the early 1970’s. She began working full-time as a caterer in 1979 or 1980. She quit this job two years later, and did not reenter the job market on a significant basis until 1984, when she began working at her present job as assistant manager of a catering department. Her current income is $1,766 per month gross, with a net income of $1,295. 1

Reasonable Living Expenses

The trial court found that Edward’s current reasonable. monthly living expenses are $1,719, and Patricia’s are $1,996.

Assets

a. Pension Plan

The pension supervisor in charge of administering 3M pension plans testified re *695 garding the value of Edward’s pension plan. She indicated that Edward could retire at the time of trial under an early retirement plan and begin receiving pension benefits (including an additional incentive provided by 3M) immediately. 2 The present value of the plan, if Edward were to take early retirement, would be (on the dates indicated):

Monthly Present Date benefit value
Nov. 82 (parties separate) Not eligible for early retirement.
Sept. 84 $226 $27,314 (dissolution filed)
Oct. 87 $374 $42,778 (date of trial)

The pension expert also testified regarding the value of the pension if Edward were to retire at age 65 (thereby foregoing the monetary incentive for early retirement):

Monthly Present Date Benefit Value
Nov. 82 $270 $ 9,636
$348 $14,503 Sept. 84
$437 $23,765 Oct. 87

The trial court valued the pension at $42,778, a figure which assumes a normal life expectancy for Edward and also assumes that he will retire immediately (and collect $374 per month). At trial, Edward testified that he had no intention of retiring at this time, and that he intended to work as long as he was physically able.

b. Homestead

The parties stipulated that the homestead had a value of $65,000.

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Cite This Page — Counsel Stack

Bluebook (online)
427 N.W.2d 691, 1988 Minn. App. LEXIS 663, 1988 WL 75377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-fastner-v-fastner-minnctapp-1988.