Ramsdell v. Ramsdell

454 N.W.2d 522, 1990 N.D. LEXIS 105, 1990 WL 51592
CourtNorth Dakota Supreme Court
DecidedApril 25, 1990
DocketCiv. 890271
StatusPublished
Cited by13 cases

This text of 454 N.W.2d 522 (Ramsdell v. Ramsdell) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ramsdell v. Ramsdell, 454 N.W.2d 522, 1990 N.D. LEXIS 105, 1990 WL 51592 (N.D. 1990).

Opinions

MESCHKE, Justice.

Shirley Ramsdell appealed from a judgment ending her alimony after she remarried. We affirm.

Shirley and Gene J. Ramsdell were divorced in 1985 after 14 years of marriage. The divorce decree included a stipulation which Shirley and Gene agreed upon. The agreement and decree had an alimony clause:

ALIMONY
Wife shall receive alimony in the sum of $300.00 per month, commencing the first day of the first month immediately following entry of divorce between the parties.

In 1988, Shirley sued Gene for delinquent alimony and for delivery of certain property apportioned to her by the agreement and divorce decree. In his answer, Gene claimed that since Shirley was living with another man, alimony should be terminated. On December 23,1988, Shirley married the man with whom she was living.

After trial in 1989, the trial court found that Shirley had received delivery of the property sought, that she had received about $50,000 proceeds from a personal injury claim which had been set aside to her in the agreement and decree, and that she had remarried. The trial court concluded that Shirley’s alimony was not a part of the property settlement, thus making it spousal support. The trial court said that both Shirley’s remarriage and her personal injury proceeds were “extraordinary circumstances” which justified termination of her spousal support. The judgment terminated Shirley’s alimony as of January 1, 1989. Shirley appealed.

On appeal, Shirley argued that the alimony was intended to be permanent and unchangeable. Gene countered that nothing in the agreement or decree suggested that this alimony was intended as a part of the property division. We agree that, if this alimony was intended to be permanent as part of a property division, it would have been improper for the trial court to end it upon Shirley’s remarriage.

We recently recapped the principles for interpreting a divorce settlement:

Stipulations in divorce proceedings concerning the division of property and spousal support are governed by the law of contracts. Contract interpretation is a matter of law and must be determined by the court. If the contract is ambiguous, the court may attempt to ascertain the intent of the parties from the contract as a whole or, if the intent of the parties cannot be gleaned from the contract, it [524]*524may hear other evidence regarding the parties’ intent. Whether provisions in a contract are ambiguous is a question of law. Interpretation of a contract is a question of law if the intent of the parties can be ascertained from the writing alone. But the parties’ intent in a written contract is a question of fact if extrinsic evidence must be used. (Citations omitted).

Redlin v. Redlin, 436 N.W.2d 5, 7-8 (N.D.1989). These principles pertain here because, as we have often preached, “the word alimony is ambiguous because the word may denote either property distribution or spousal support.” Seablom v. Seablom, 348 N.W.2d 920, 924 (N.D.1984). See also Lipp v. Lipp, 355 N.W.2d 817, 820 (N.D.1984); Rustand v. Rustand, 379 N.W.2d 806 (N.D.1986). The Ramsdell’s agreement did not define its use of the word “alimony” and did not clearly spell out whether Shirley’s alimony was intended as property or support.

The trial court heard testimony on the intended purpose of this alimony. Shirley testified that she believed the alimony was intended to be permanent. Gene recognized the possible ambiguity of the term alimony, but he contended that this monthly payment was intended as spousal support. He pointed out that the alimony clause was placed ahead of and separate from clauses about “Property Owned” and “Division of Property.” Gene also argued that Shirley “received a significant portion of the marital assets” while he “received all of the marital debts” except for Shirley’s medical bills from her personal injury. As Redlin recited, 436 N.W.2d at 8, each of these factors tends to indicate spousal support rather than a payment for property division.

The trial court determined that “[t]he alimony awarded ... was not utilized to effect a distribution of the property of the parties.” An appellant bears the burden of demonstrating that a finding is clearly erroneous, and a finding is clearly erroneous only when, on the entire evidence, we are left with a definite and firm conviction that a mistake has been made. NDRCivP 52(a); Weigel v. Kraft, 449 N.W.2d 583 (N.D.1989). We conclude that the finding, that this “alimony” was not intended as property, was supported by sufficient evidence and was not clearly erroneous.

Alternatively, Shirley argued that her changed circumstances did not require termination of spousal support. Instead, Shirley argued, her permanent disability from a bout with polio in 1949 before her marriage to Gene was an extraordinary circumstance which justified continuation of spousal support in spite of her remarriage. Shirley also insisted that her personal injury proceeds were contemplated in the divorce agreement and were “not a valid reason to terminate alimony.”

Quoting from Nastrom v. Nastrom, 262 N.W.2d 487, 490 (N.D.1978) and from Nugent v. Nugent, 152 N.W.2d 323, 327 (N.D.1967), Gene countered that “remarriage makes out ‘a prima facie case which requires the court to end [alimony payments], in the absence of proof of some extraordinary circumstances justifying its continuance.’ ” Since Shirley did not prove her circumstances were so extraordinary as to require continuation of spousal support, Gene argued, the trial court’s termination of support should be affirmed. We agree.

Spousal support is subject to change upon a showing of materially changed circumstances. NDCC 14-05-24; Nastrom, 262 N.W.2d at 490. Ordinarily, remarriage is a changed circumstance which calls for an end to spousal support, unless “extraordinary circumstances” require continuation of support. Unfortunately, in its analysis in this case, the trial court transposed expression of this applicable principle, seemingly requiring “extraordinary circumstances” to end spousal support rather than to continue it. This was incorrect.

In Roen v. Roen, 438 N.W.2d 170 (N.D.1989), we reviewed a number of our decisions on this subject. We explained that, generally, the “trial court will act to terminate unlimited spousal support upon death or remarriage of the supported spouse unless there are extraordinary circumstances which justify its continuance.” Id. at 173. [525]*525See also Nastrom, 262 N.W.2d at 491 (“The proponent of the continuance of alimony payments following remarriage carries a considerable burden.”). In a particular case, a spouse’s disability may be a factual circumstance so extraordinary that spousal support should be continued in spite of remarriage.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Glass v. Glass
2017 ND 17 (North Dakota Supreme Court, 2017)
Bellefeuille v. Bellefeuille
2001 ND 192 (North Dakota Supreme Court, 2001)
Hanneman v. Continental Western Insurance Co.
1998 ND 46 (North Dakota Supreme Court, 1998)
Baker v. Baker
1997 ND 135 (North Dakota Supreme Court, 1997)
Wheeler v. Wheeler
548 N.W.2d 27 (North Dakota Supreme Court, 1996)
Keller v. O'Brien
652 N.E.2d 589 (Massachusetts Supreme Judicial Court, 1995)
Heggen v. Heggen
488 N.W.2d 627 (North Dakota Supreme Court, 1992)
North Dakota Insurance Guaranty Ass'n v. Agway, Inc.
462 N.W.2d 142 (North Dakota Supreme Court, 1990)
Addy v. Addy
456 N.W.2d 506 (North Dakota Supreme Court, 1990)
Ramsdell v. Ramsdell
454 N.W.2d 522 (North Dakota Supreme Court, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
454 N.W.2d 522, 1990 N.D. LEXIS 105, 1990 WL 51592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramsdell-v-ramsdell-nd-1990.