Miliano v. Miliano

2012 ME 100, 50 A.3d 534
CourtSupreme Judicial Court of Maine
DecidedJuly 24, 2012
StatusPublished
Cited by24 cases

This text of 2012 ME 100 (Miliano v. Miliano) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miliano v. Miliano, 2012 ME 100, 50 A.3d 534 (Me. 2012).

Opinion

MEAD, J.

[¶ 1] Alfred Miliano appeals from a divorce judgment entered by the District Court (Belfast, Worth, J.), contending that the court clearly erred or abused its discretion by (1) erroneously classifying his nonmarital real property as marital property and then awarding certain parcels to Renée Miliano, and (2) awarding Renée general spousal support of $2500 per month until the death of either party or her remarriage. Renée argues that the court acted within its discretion because Alfred did not prove that the real estate at issue was entirely his nonmarital property. She further argues that equitable factors justified a lifetime spousal support award notwithstanding the parties’ seven-year marriage. Because the evidentiary record was inadequate to overcome the conclusion that property purchased by Alfred before the marriage is nonmarital property, see 19-A M.R.S. § 953(1), (2) (2011); M.R. Evid. 301(a), and we are uncertain of the trial court’s intention regarding the allocation of property in lieu of spousal support, we remand for clarification or reconsideration by the trial court, see 19-A M.R.S. § 951-A (2011).

I. FACTS

[¶ 2] At the time of the divorce hearing in 2010, Alfred Miliano was age fifty-eight and Renée Miliano age fifty-three. They met in 1982, moved in together within a few months, and eventually married in April 2001. In the intervening eighteen years they maintained a household together as partners. Renée used her income from a $75,000-per-year job at the Bucks-port paper mill to pay household expenses and meet their two children’s needs, which allowed Alfred to use the income from his position as a chief engineer in the Merchant Marine to buy real estate and make other investments.

[¶ 3] When Alfred wanted Renée to accompany him on trips at sea, the two sometimes held themselves out as a married couple. Alfred did not want to actually get married, primarily because he did not want to be subject to Maine’s income tax, and Renée was not eager to marry either. Alfred was charged in April 2001 with six counts of failing to file a Maine tax return; he and Renée were married nine days later. Alfred was convicted in July 2001 following a no contest plea; his sentence included payment of $170,000 in restitution, which the court found that he paid during the marriage using marital funds.

[¶ 4] After working at the paper mill for twenty years, in 1999 or 2000 Renée left her job at Alfred’s urging in order to stay home with the children. While still working, she stopped contributing to her 401 (k) plan because Alfred “told me that he didn’t want me to do that because he wanted my money to be available...'. [H]e said I didn’t need a pension plan .... [because] [h]e was my pension plan.”

[¶ 5] In May 2008, Renée filed a complaint for divorce. Since February of that year, Renée has earned approximately $25,000 per year working full time at a local bank, and a small amount working as an aesthetician. As a first engineer in the Merchant Marine, Alfred earned $124,589 in 2008, and $112,000 in 2009. The court found Alfred’s trial testimony concerning his expenses to be less than wholly credible. In October 2010, the court entered a divorce judgment that, in part, awarded Renée general spousal support of $2500 per month until her remarriage or the [538]*538death of either party,1 and disposed of six parcels of real estate by awarding three to Alfred and three to Renée.

[¶ 6] A primary issue in this appeal is the trial court’s disposition of the six parcels. Alfred acquired three of the properties before his relationship with Renée began, and acquired three others using his wages while they lived together but before they were married.. None of the properties is subject to a mortgage. Five are titled solely in Alfred’s name, and one is titled solely in Renée’s name. At trial, Alfred and Renée agreed on the present value of the properties,2 but with one exception neither presented any evidence concerning their value when first purchased, nor did either introduce any evidence concerning their value in April 2001 when they were married.

[¶ 7] Regarding each of the properties, the court found that Renée and Alfred “have invested significant marital funds and marital labor,” concluding that in addition to the original nonmarital interest, “there is for each of the parcels both a marital component, that is, value acquired after marriage, and an equitable claim for Ms. Miliano to a portion of value based in the circumstances of [the parties’] household and financial relationship pre-mar-riage.” The court did not identify or quantify the equity claim that it found to exist,3 nor could it quantify the nonmarital and marital components given the absence of any evidence concerning the properties’ values at the time of the marriage.

[¶ 8] Unable to make any precise calculations, the court concluded “that a more general division is the only reasonable choice.” It ordered “a fair and just distribution” of the parcels, resulting in about two-thirds of their total value being awarded to Alfred and one-third to Renée. The court was careful to note that “[t]his division of property reduces the amount of what would otherwise have been an appropriate spousal support award” but made no mention of whether the division was an attempt to award reimbursement support.

[¶ 9] Alfred timely appealed from the judgment, contesting both the court’s allocation of the six properties and its spousal support award.

II. DISCUSSION

[¶ 10] Over thirty years ago, we first confronted the challenge of dividing property in a divorce when one party has brought nonmarital real estate into the marriage. In Grishman v. Grishman, we noted:

This appeal raises the novel issue of whether a divorce court may properly treat as marital property, which is to be justly divided in the divorce judgment, an interest in real estate that one party acquired prior to his marriage and at a [539]*539time when the two parties were unmarried cohabitants.4

407 A.2d 9, 10 (Me.1979).

[¶ 11] It is no longer novel for couples to live together for periods of time during which they purchase or obtain property, individually or together, and later marry. Both the parties seeking a divorce following a marriage that was preceded by a significant period of cohabitation and commingling of assets, and the trial courts that are confronted with these issues, face significant challenges in unraveling the complex facts within the specific statutory framework established by the Legislature. These challenges, however, are not insurmountable. By applying a clear, step-by-step analysis pursuant to statutory mandates, and allocating appropriate burdens of proof along the way, counsel and the courts can make their way through the potential legal quagmire that these cases often present.

[¶ 12] The parties agreed at trial on the present value of the six properties, but neither introduced evidence of (i) their values when originally purchased, with one exception; (ii) their values in 2001 at the time of the marriage; or (iii) increases in the values of the properties resulting from Renée’s contributions prior to or during the marriage.

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Bluebook (online)
2012 ME 100, 50 A.3d 534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miliano-v-miliano-me-2012.