Marriage of Kruschel v. Kruschel

419 N.W.2d 119, 1988 Minn. App. LEXIS 52, 1988 WL 9925
CourtCourt of Appeals of Minnesota
DecidedFebruary 16, 1988
DocketC9-87-1803
StatusPublished
Cited by15 cases

This text of 419 N.W.2d 119 (Marriage of Kruschel v. Kruschel) 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 Kruschel v. Kruschel, 419 N.W.2d 119, 1988 Minn. App. LEXIS 52, 1988 WL 9925 (Mich. Ct. App. 1988).

Opinions

OPINION

LANSING, Judge.

Upon retirement, appellant William Krus-chel moved to modify the spousal maintenance provision of a dissolution decree entered five years earlier while he was still employed. He appeals the trial court’s denial of that motion. We reverse and remand.

FACTS

In 1982, the parties’ 34-year marriage was dissolved by a decree which required William Kruschel to pay Dorothy Kruschel $1,000 per month spousal maintenance to continue until the remarriage of Dorothy Kruschel, the death of either party, or any other material change in circumstances. The decree also effected a roughly equal division of the parties’ marital property: William Kruschel received real and personal property worth around $83,882, including sole right to and interest in his pension plan, then valued at $61,312; Dorothy Kruschel received real and personal property worth approximately $81,275, including the parties’ homestead, which had a net equity of $61,175.

In May 1987, at age 62, William Kruschel voluntarily retired from his employment as an engineer for 3M. While at 3M, he had [121]*121earned a monthly base salary of $3,380 plus profit sharing, for a net monthly income of about .$1,981. After retirement, his monthly income consists of $1,900 in pension benefits and $671 from social security, for a net monthly income of $2,045. In addition, William Kruschel has at all relevant times received veteran’s disability benefits of $386 per month. Now age 62, Dorothy Kruschel is unemployed and, aside from maintenance payments, her current monthly income is limited to $117 in social security benefits. Physical and emotional problems make her future employment unlikely.

After retiring, William Kruschel moved to modify the maintenance award, arguing that Dorothy Kruschel’s recent sale of her house and some stock had left her with substantial cash assets; that his monthly expenses had increased; that Dorothy Kruschel had become eligible for social security payments and her monthly expenses had decreased; and that requiring him to pay maintenance out of his pension benefits was inconsistent with the award to him of sole right to the pension.

Although the trial court adopted William Kruschel’s assertions on changes in income and expenses, it nonetheless concluded that he had failed to meet his burden of proving that there had been a change of circumstances which would make the original maintenance award unreasonable and unfair. William Kruschel appeals.

ISSUE

Did the trial court abuse its discretion in determining there had been no substantial change of circumstances which would make the original maintenance award unreasonable or unfair?

ANALYSIS

The maintenance provisions of a dissolution decree

may be modified upon a showing of * * * (1) substantially increased or decreased earnings of a party; [or] (2) substantially increased or decreased need of a party * * * which makes the terms unreasonable and unfair. * * *

Minn.Stat. § 518.64, subd. 2 (1986). An award of maintenance should be modified only upon clear proof of facts showing a substantial change of circumstances from those existing at the time of the dissolution. Peterson v. Peterson, 304 Minn. 578, 580, 231 N.W.2d 85, 86 (1975); Wiese v. Wiese, 295 N.W.2d 371, 372 (Minn.1980). A trial court’s discretion to modify an award should be exercised cautiously, and this court will not interfere with the exercise of that discretion unless it has been abused. Abuzzahab v. Abuzzahab, 359 N.W.2d 329, 332 (Minn.Ct.App.1984).

If only the increase or decrease in cash flow and expenses were considered, those changes would not be so substantial as to make refusal to modify an abuse of discretion: William Kruschel’s monthly net receipts actually increased slightly, from $1,981 to $2,045 (excluding veteran’s benefits), while Dorothy Kruschel remains unemployed and receives only $117 per month social security. William Kruschel’s monthly expenses have increased from $1,523 to $1,680, and Dorothy Kruschel’s monthly expenses have decreased from $1,701 to $1,405. However, William Kruschel also argues that it is error to require him to pay maintenance out of his pension benefits, because he was awarded sole interest in his pension in the original property distribution.

Pension benefits are property to be considered by the trial court in dividing property or awarding maintenance. Taylor v. Taylor, 329 N.W.2d 795, 798 (Minn.1983). Because the value of a vested pension plan is based entirely on the future stream of income it represents, William Kruschel argues that the effect of requiring him to pay maintenance out of his pension benefits is to modify the property award after the time for appeal of that award has expired. See Minn.Stat. § 518.64, subd. 2 (1986) (“all divisions of real and personal property provided by section 518.58 shall be final”); Arzt v. Arzt, 361 N.W.2d 135, 136-37 (Minn.Ct.App.1985) (trial court does not have authority to modify property division after time for appeal of original decree has expired).

[122]*122Although no Minnesota appellate court has squarely addressed this issue, there is support for William Kruschel’s argument that the pension should be viewed as property or income, but not both. For example, in Faus v. Faus, 319 N.W.2d 408 (Minn. 1982), the trial court awarded the respondent maintenance until the appellant retired, and gave her a 50 percent interest in future pension benefits which had vested during the marriage. In affirming this aspect of the decree, the supreme court noted that although the respondent would continue to receive payments after the appellant’s retirement, those payments would actually be “in recognition of her interest in appellant’s pension benefits,” rather than maintenance. Id. at 413.

Other cases confirm this distinction. See Elliott v. Elliott, 274 N.W.2d 75, 78 (Minn.1978) (pension rights are to be considered as property rights and social security benefits as income in determining property division and alimony); Sward v. Sward, 410 N.W.2d 442, 444 (Minn Ct.App.1987), pet. for review granted (Minn. Sept. 30, 1987) (although military disability benefits may not be divided as a marital asset, they can be considered as income in setting maintenance awards); O’Brien v. O’Brien, 343 N.W.2d 850, 852 (Minn.1984) (if the valuation of property awarded is based on the capitalization of an income stream, that income is properly excluded in determining maintenance).

Finally, in Hellerstedt v. Hellerstedt, 409 N.W.2d 65 (Minn.Ct.App.1987), pet. for review denied (Minn. Sept.

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419 N.W.2d 119, 1988 Minn. App. LEXIS 52, 1988 WL 9925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-kruschel-v-kruschel-minnctapp-1988.