Marriage of Vanderleest v. Vanderleest

352 N.W.2d 54, 1984 Minn. App. LEXIS 3251
CourtCourt of Appeals of Minnesota
DecidedJune 19, 1984
DocketNo. C4-83-1506
StatusPublished
Cited by1 cases

This text of 352 N.W.2d 54 (Marriage of Vanderleest v. Vanderleest) 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 Vanderleest v. Vanderleest, 352 N.W.2d 54, 1984 Minn. App. LEXIS 3251 (Mich. Ct. App. 1984).

Opinion

OPINION

RANDALL, Judge.

This is an appeal from an order denying the appellant-wife’s post-dissolution motion for an order requiring the respondent-husband to pay her half of all future Railroad Retirement disability payments he receives. She also sought a money judgment representing half of the benefits he has received to date. The trial court found that, while the stipulation entered into by the parties required the respondent to pay the appellant half of all Railroad Retirement pension benefits received, a difference between pension and disability benefits meant that the stipulation did not cover disability benefits. We reverse and remand.

FACTS

The parties were divorced in 1981 after 22 years of marriage. They have four children, only two of which are affected by this action. Appellant was granted custody. Respondent made child support payments of $400 per month, for two children, until March of 1983, and of $200 per month, for one child, after that date. Respondent’s child support obligation will end [56]*56on May 24, 1985, when the youngest child turns 18. At the time of the dissolution, respondent was 48 and had take home pay of approximately $2000 per month from the Railroad. Appellant was 41 and had a take home pay of approximately $1200 per month from U.S. Steel.

At the time of the dissolution, the parties entered into a stipulation, the terms of which were incorporated in the decree. Appellant was awarded the parties’ home, subject to a lien in respondent’s favor which she has paid off prematurely pursuant to respondent’s request. Also, she was awarded a vested interest in respondent’s U.S. Navy and Railroad Retirement pensions, with the right to receive “monthly benefits in amounts equal to or 50% of any amount that is due and paid to the respondent when benefits are received by the respondent or when the respondent reaches 60 years of age, whichever event occurs sooner.” At the time of the divorce, the respondent had suffered one heart attack and there was some evidence of anticipated health problems in the near future.

A little more than a year after the divorce, in November of 1982, the respondent ceased working and began receiving a monthly Railroad Retirement benefit of $797.26 in the form of a “disability annuity.” The respondent did not notify the appellant of the receipt of this benefit or pay her any of it, and denied that he owed her any of it, under the terms of the decree or otherwise.

Also in November of 1982, the respondent applied for Social Security benefits. As of May 3, 1983, he had not begun to receive Social Security payments, but it was stipulated that the total amount of monthly benefits the respondent will receive from the Railroad Retirement Board, including Social Security benefits, will be $799.12. Each minor daughter also qualified for money benefits due to her father’s disability — Dawn received $63 for two months in 1983 before she turned 18, and the youngest, Amy, is receiving $130 a month. Amy’s benefits will continue until May 24, 1985.

ISSUES

1. Is appellant entitled at this time to receive one half of respondent’s monthly Railroad Retirement disability payment?

2. Is appellant entitled to a money judgment against respondent retroactive to November, 1982, for 50% of respondent’s disability annuity benefits?

ANALYSIS

Scope of review:

Since this case turns upon the interpretation of the stipulation incorporated into the parties’ dissolution decree, we need give no deference to the findings of the trial court. The interpretation of written documents is a question of law, and we may examine this matter de novo. Ploog v. Ogilvie, 309 N.W.2d 49, 53 (Minn.1981); Halper v. Halper, 348 N.W.2d 360, 363 (Minn.Ct.App.1983).

Stipulation:

The stipulation entered into by the parties and incorporated into the dissolution decree included the following provision:

7. The respondent is awarded all interest in his pension plan with the United States Navy and Railroad Retirement Board subject to petitioner’s vested interest in both pensions in the sum of 50%. The petitioner shall receive monthly benefits in amounts equal to or 50% of any amount that is due and paid to the respondent when benefits are received by the respondent or when the respondent reaches 60 years of age, whichever event occurs sooner. This award to petitioner of part of the respondent’s pension plans is referred to as the “vested delayed payment method.”

The provision grants the appellant 50% of “any amount” due and paid to the respondent, not just of any retirement benefit. Respondent’s monthly disability benefit is a benefit received by respondent by reason of his overall pension plan with the [57]*57Railroad Retirement Board. As such, it falls within the scope of the provision. The written stipulation had been negotiated by the two attorneys for the parties, each having the opportunity to suggest clauses to the other or object to suggested clauses. A reviewing court is obligated to attempt to interpret the actual words used by the parties, and there is a presumption they meant what they said.

The provision is unambiguous. Its meaning can be determined without any guide other than knowledge of the facts on which the language depends for meaning. Starr v. Starr, 312 Minn. 561, 251 N.W.2d 341, 342 (1977); Anderson v. Twin City Rapid Transit Co., 250 Minn. 167, 84 N.W.2d 593, 599 (1957). Any attempt to restrict the word “benefits” in paragraph 7 to include retirement benefits and exclude disability annuity benefits would result in the creation of an exception not called for by the written language. Anderson, 84 N.W.2d at 599.

If extrinsic evidence was admissible, and needed to resolve a claimed ambiguity, respondent’s health problems at the time of the dissolution, coupled with the wording in the stipulation, still lead to the above result. If respondent had been healthy and both sides contemplated he would work to normal retirement and begin drawing his Railroad pension at age 60 or after, there would have been no need for the following words in the dissolution decree: “... when benefits are received by the respondent or when the respondent reaches 60 years of age, whichever event occurs sooner.” (Emphasis added.) Respondent, had he not qualified for a disability annuity, could not receive the retirement pension before age 60. Thus, since the parties, in negotiating the stipulation, added language stating that appellant would receive monthly benefits in the amount of 50% of any amount due and paid to respondent when the benefits were received by him before age 60, if the benefits started before age 60, the logical conclusion is the parties anticipated the possibility of monthly benefits being received before the age of 60, and those contemplated benefits reasonably had to be disability annuity benefits.

Respondent argues that disability benefits cannot be marital property, as the definition of marital property in M.S.A. § 518.54, Subd. 5, includes the example- of vested pension benefits or rights but does not specifically include disability benefits as another example.

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Related

VanderLeest v. VanderLeest
352 N.W.2d 54 (Court of Appeals of Minnesota, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
352 N.W.2d 54, 1984 Minn. App. LEXIS 3251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-vanderleest-v-vanderleest-minnctapp-1984.