Michael v. Michael

791 S.W.2d 772, 1990 Mo. App. LEXIS 689, 1990 WL 55583
CourtMissouri Court of Appeals
DecidedMay 1, 1990
DocketNo. 55432
StatusPublished
Cited by1 cases

This text of 791 S.W.2d 772 (Michael v. Michael) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Michael v. Michael, 791 S.W.2d 772, 1990 Mo. App. LEXIS 689, 1990 WL 55583 (Mo. Ct. App. 1990).

Opinions

PUDLOWSKI, Presiding Judge.

This is an appeal from a judgment and decree of dissolution which awarded respondent the majority of marital property and awarded appellant $500.00 in attorney’s fees and no maintenance.

The evidence adduced at trial established that appellant and respondent were married in August 1972 and separated in April [773]*7731987. There were no children born of this marriage. Both appellant and respondent are well educated. Appellant holds a baccalaureate degree in political science and a master’s degree in journalism. Respondent holds a baccalaureate degree in journalism and a master’s degree in public administration.

In 1972, on the day following the parties’ marriage, the couple moved to Little Rock, Arkansas where respondent was going to work for Southwestern Bell Corporation. While living in Little Rock, appellant was employed as a reporter for a local newspaper.

In June 1974, respondent received a promotion and was transferred back to St. Louis. In St. Louis, appellant worked for APC Skills Company and then for Maritz, Inc. In 1978, appellant was fired from Maritz, Inc. Upon appellant being fired, the couple agreed that appellant would not seek outside employment but instead would devote time to writing fiction. In that same year respondent received another transfer and the couple moved to Oklahoma City.

While living in Oklahoma, appellant continued to pursue a writing career, however, later abandoned this endeavor without ever having written a chapter in a book or a scene in a play. After giving up the attempt at writing, appellant worked briefly in a food store and spent 8-9 months working free-lance public relations. When appellant was not employed outside of the home, the couple agreed that appellant would be responsible for the general upkeep of the house and also for the preparation of the evening meal. Appellant spent several hours a day preparing the couple’s dinner. Respondent claimed that appellant’s other domestic chores were very lax. For two years while the couple was living in Oklahoma appellant drove respondent to and from work. However, for the rest of the mornings, appellant slept until 10 or 11:00 a.m.

In 1984 respondent was again transferred to St. Louis. After moving to St. Louis, appellant continued to cook the couple’s dinner. He also periodically took the respondent to work but did not seek outside employment.

Throughout the marriage, the couple’s lifestyle improved and they had a significant amount of disposable income. They were able to purchase homes whenever respondent accepted a job transfer and the couple took many trips including visits to Europe. In addition, respondent generously and gratuitously provided her mother annually with support funds in the sum of $5,000.

At the time of trial, respondent had been working for Southwestern Bell for more than 15 years and was earning over $70,-000 per year. Respondent’s additional benefits from Southwestern Bell included vested pension benefits through the Southwestern Bell Corporation Management Pension Plan equal to $1,169.58 monthly payable at age sixty-five (65), as of March 1, 1988. Appellant’s statement of income and expenses provides that he receives no income from employment, however he receives $75 per month in interest, and his share of the gross income on the previous year’s Federal Income Tax Return was $1200.

It is with some interest that we note the gender roles of the parties in this marriage are reversed from the more traditional roles of husband and wife. In the present case the wife is the party who earned the lion’s share of the income by working outside of the home during the marriage. The appellant is the party who remained at home throughout the majority of the marriage and did not work outside of the home for several years. However, certainly the sex of the parties should have no bearing on the division of marital property or on the allowance or prohibition of maintenance.

The trial court allocated $51,347 or 75.5% of the parties’ marital property to respondent and $14,128 or 21.5% to appellant. The court granted appellant no maintenance but allowed appellant $500 for attorney’s fees.

Appellant raises three points on his appeal. Appellant claims that the trial court abused its discretion by its distribution of the parties’ marital property, abused its [774]*774discretion by awarding appellant no maintenance and abused its discretion by awarding appellant only $500 in attorney’s fees.

The decree of dissolution of the trial court will be sustained unless there is no substantial evidence to support it, unless it is against the weight of the evidence, unless it erroneously declares the law, or unless it erroneously applies the law. TBG v. CAG, 772 S.W.2d 653, 654 (Mo. banc 1989).

Section 452.330 RSMo 1988 directs the trial court to divide the marital property in a just manner, after considering all relevant factors including the five factors set out in the statute, as follows:

(1) The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for any reasonable periods to the spouse having custody of any children.
(2) The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as a homemaker;
(3) The value of the non-marital property set apart to each spouse;
(4) The conduct of the parties during the marriage; and
(5) Custodial arrangements for minor children.

There are two guiding principles inherent in § 452.330: “[Fjirst property division should reflect the concept of marriage as a shared enterprise similar to a partnership; and, second property division should be utilized as a means of providing future support for an economically dependent spouse.” Krauskopf, A Theory for “Just” Division of Marital Property in Missouri, 41 Mo.L.Rev. 165 (1976).

When applying these guiding principles inherent in § 452.330 to the present case we find that the trial court abused its discretion in its division of marital property. We first look at the economic circumstances of each spouse at the time the division of property is to become effective. Throughout the course of the marriage, appellant has become economically dependent on the respondent. At the time of the dissolution of marriage, appellant was unemployed, had not been employed in his chosen field of journalism for fifteen years, and had not been employed full-time since 1978. Conversely, at the time of dissolution of marriage, respondent had elevated herself within the Southwestern Bell organization to a position directing press relations and was earning in excess of $70,000 per year. Additionally, respondent was the recipient of extensive employment benefits including vested pension benefits which equalled $1,169.68 monthly (at age 65) as of March 1, 1988, and a savings plan which at the time of trial had a total vested account balance of $9,968.85.

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Related

Marriage of Klein v. Klein
837 S.W.2d 567 (Missouri Court of Appeals, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
791 S.W.2d 772, 1990 Mo. App. LEXIS 689, 1990 WL 55583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-v-michael-moctapp-1990.