Primrose v. Primrose

663 P.2d 755
CourtCourt of Civil Appeals of Oklahoma
DecidedMay 13, 1983
Docket57100
StatusPublished
Cited by10 cases

This text of 663 P.2d 755 (Primrose v. Primrose) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Primrose v. Primrose, 663 P.2d 755 (Okla. Ct. App. 1983).

Opinion

STUBBLEFIELD, Judge.

This is an appeal in a divorce action. Plaintiff, Jane Primrose, alleges error by the trial court on three counts; first, in the failure of the trial court to provide for interest on periodic payments of alimony in lieu of property division; second, in the failure of the trial court to provide support alimony; and finally, in the failure of the trial court to order defendant, Ben Hulsey Primrose, to pay plaintiff’s attorney fees.

I

The record in this case reveals few facts not in controversy. It was established, however, that the parties were married in August 1959 shortly after plaintiff had obtained her B.A. in Home Economics from the University of Oklahoma and just prior to defendant entering his senior year at the same institution. During the ensuing years the marriage produced four children, who, at the time of the divorce, ranged from 17 to 12 years of age.

On September 10, 1980, plaintiff filed a petition for divorce in the District Court of Oklahoma County, alleging that a state of irreconcilable incompatibility had arisen in the marriage as a result of the fault of defendant. This matter came on for trial on March 30, 1981, and, as a result of the highly contested questions involved, covered portions of seven days of testimony. The evidence presented at trial covered many areas, but chiefly involved: the question of fault from which the incompatibility arose; the valuation of the marital estate; the contribution of plaintiff to the value of the *757 estate; and the needs of plaintiff to maintain the style of living to which she was accustomed.

As to the question of fault, plaintiff had maintained, and presented evidence in an attempt to establish, that the incompatibility arose from defendant’s interest in another woman. Defendant countered this contention with evidence that the incompatibility had arisen over the course of the years through a natural divergence in interests. His evidence tended to show that his primary interest lay with his various business enterprises and plaintiff’s interests lay in spending money. At the conclusion of the proceedings the trial court found no fault and granted a divorce to both parties on the grounds of incompatibility.

On the question of the valuation of the marital estate both sides presented very extensive testimony. Both plaintiff and defendant employed and presented the testimony of independent appraisers who had placed valuations on the various properties that had been accumulated during the course of the marriage. Additionally, both parties employed and presented testimony of CPAs on the questions of value and earning potential, as well as actual earning performance, of the various business entities and on the assets and liabilities of the parties. Defendant then, through his own testimony, presented yet another set of figures on the net worth of the marital estate and its earnings potential.

In the trial court’s memorandum opinion it was noted that the various valuations given for the net worth of the marital estate ranged from $4,712,649 given by plaintiff’s CPA to $3,536,231 given by defendant himself. Using the benefit of the various valuations the trial court awarded plaintiff property which the trial court valued at $525,775 including the parties’ home, and alimony in lieu of property division in the sum of $1,435,833 to be paid in periodic payments over the course of 18 years and to be secured by a lien on defendant’s business entities.

The trial court acknowledged that the parties’ marital estate had been built by the hard work and business acumen of defendant while plaintiff’s efforts had been primarily directed at maintaining a household.

II

Plaintiff, on appeal, does not challenge the propriety of the property division by the trial court, but does challenge the refusal of the trial court to grant interest on the deferred payments of the $1,435,833 alimony in lieu of property settlement, or in the alternative, to order the lump sum payable presently. Plaintiff contends that the trial court’s refusal to grant either of these alternatives constituted an abuse of the trial court’s discretion in that it grants defendant the use of property granted to plaintiff without compensation to plaintiff, and that it results in a true value of award to plaintiff, which, when reduced to present value, is substantially less than the amount decreed by the trial court.

It should be initially stated that, in a divorce proceeding, the net marital estate need not be equally divided in order to arrive at an equitable division. Stansberry v. Stansberry, Okl., 580 P.2d 147 (1978). Our review on appeal is limited to the question of whether the trial court, in making the division it did, abused the discretion vested in it concerning such property division.

In the ease of Price v. Price, Okl., 484 P.2d 532 (1971), the trial court had awarded alimony in lieu of property division in the amount of $50,000 payable in monthly payments over a period of 115 months without interest. The Supreme Court of Oklahoma stated that the trial court had not abused its discretion in entering this order, pointing to the fact that this sum represented a one-half interest in the stock of the corporate business which comprised a large portion of the marital estate, the acquisition of which had been made possible by the efforts of the husband. It was also pointed out that any other solution would have put the corporate business in jeopardy. Plaintiff here has gone to great lengths to attempt to distinguish the *758 present case from Price on three bases: first, that Price involved a fiscally unsound company while those presently involved are fiscally successful and sound; second, that the difference between $50,000 payable over 10 years and $1.4 million payable over 18 years itself obviates a comparison of the cases; and third, that the changing economic picture since 1971 dictates a different view of the equities involved.

In response to plaintiffs initial statement it should be pointed out that the court in Price stated that it would be a hardship if the defendant there were not allowed to pay out the sum of money in installments, especially in view of testimony of the defendant showing impending hazards to his business. Plaintiff counters this with the claim that all of the testimony showed the Primrose entities to be successful and sound. Plaintiff’s assessment of the record is only partially correct. The trial court was also presented with testimony which tended to establish that, while the entities were fiscally sound, they could not support a great deal of debt, and that impending changes in federal regulations could have a detrimental effect on some of these entities.

The plaintiff’s second and third grounds are equally unpersuasive. We fail to see a reason which dictates a different weighing of equities merely because the parties to this divorce have a greater estate to divide. The reasoning of Price seems equally valid as applied to the division here. The proportions of the estate divided are almost identical and this would seem to dictate the same view of the equities. Likewise the reasoning regarding the changing economic picture is not persuasive.

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Bluebook (online)
663 P.2d 755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/primrose-v-primrose-oklacivapp-1983.