St. Cyr v. St. Cyr

137 A.3d 332, 228 Md. App. 163, 2016 Md. App. LEXIS 55
CourtCourt of Special Appeals of Maryland
DecidedJune 1, 2016
Docket0327/15
StatusPublished
Cited by6 cases

This text of 137 A.3d 332 (St. Cyr v. St. Cyr) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
St. Cyr v. St. Cyr, 137 A.3d 332, 228 Md. App. 163, 2016 Md. App. LEXIS 55 (Md. Ct. App. 2016).

Opinion

ARTHUR, J.

In a divorce judgment, the Circuit Court for Harford County ordered Mark St. Cyr (“Husband”) to pay child support and rehabilitative alimony to Lauren St. Cyr (“Wife”). The court also granted Wife use and possession of the family home for several months.

On appeal, Wife challenges the court’s factual findings as to her potential income, the court’s exercise of discretion in determining the amount and duration of alimony, and the court’s exercise of discretion in determining the time limit for use and possession of the family home. Although we leave many of the court’s findings and rulings undisturbed, we vacate the judgment in part and remand so that the court may re-evaluate the alimony award.

*171 Factual and Procedural Background

A. The Marriage and its Demise

The parties to this case were married in 1994. Before the marriage, Wife worked as an assistant branch manager at a surety company, earning around $45,000 per year. She stopped working in 1995, upon the birth of the family’s first child, a daughter. Another daughter was born in 1997, followed by a son in 1999. Wife served as primary caregiver to the children.

During most of the marriage, Husband served as the family’s sole wage earner. In the first year of the marriage, he earned less than Wife. His income gradually increased as his career in sales and distribution progressed. In 2000, Husband started working in a management position.

During the marriage, Husband and Wife consumed nearly all of their household income, saving little. They lived in a house that tested the extent of their means. 1 In 2004, they nearly lost the home to foreclosure. Wife did not return to work at that time. Instead, Husband sold the house to a lender, rented it from the lender for two years, and repurchased it at a substantially higher price. When he fell delinquent on mortgage payments again in 2010, he negotiated a loan modification that allowed him to make payments at a temporary interest rate of two percent, subject to sharp annual increases beginning in March 2015.

In 2009, Wife was diagnosed with Hodgkin’s lymphoma. She underwent chemotherapy and bone marrow extraction, and her cancer went into remission. Husband provided little emotional support during this time of medical need.

In the fall of 2011 at the latest, Husband started an extramarital affair. Wife learned of the relationship, but agreed to *172 attempt to reconcile with Husband after he denied that the relationship was sexual. For several months, Husband lived in the family home on many nights, while secretly spending other nights with another woman at an apartment that he had rented.

Wife eventually learned of her husband’s deception. In September 2012, the parties separated permanently. Husband did not return to the family home.

B. The Divorce Action

On July 1, 2013, Husband filed a complaint for absolute divorce in the Circuit Court for Harford County. He asked the court to grant him sole legal custody and shared physical custody of the parties’ minor children.

Wife counterclaimed for divorce, sole legal custody and primary physical custody of the minor children, alimony, child support, equitable division of marital property, use and possession of the family home and family-use personal property, and counsel fees.

Adopting a master’s report and recommendation, the circuit court issued a pendente lite order that granted Wife use and possession of the family home and required Husband to continue paying the mortgage (approximately $2,850 per month). In addition, the order required Husband to pay alimony and child support for the two minor children.

Wife later amended and supplemented her pleadings, asking the court to transfer title of the family home to her and to declare the couples’ oldest child to be a destitute adult child for support purposes.

C. Trial in the Circuit Court

The court heard the case on five trial days between September 22, 2014, and October 6, 2014. Much of the testimony concerned the parties’ financial circumstances.

At the time of trial, Husband was 46 years old with an extensive work history. He earned in excess of $200,000 in *173 annual salary and bonuses in an executive or management position. On the other hand, Wife, at the age of 47, had not been employed for nearly two decades. A central issue was whether she was capable of re-entering the workforce.

Husband testified that Wife had decided that she did not want to return to work after the birth of their first child and that he had supported that decision while the children were young. According to Husband, he asked his wife to contribute financially when they faced the threat of foreclosure in 2004, but she maintained that she was “never going back to work.” He testified that, at other times when he brought up the possibility of bringing a second income to the household, she would respond that there was “no way” that she would resume working. He admitted that his wife sometimes slept excessively when she was experiencing health problems during the later years of the marriage. He had observed that she had always been able to wake up in the morning “if she needed to” to attend to the needs of the children.

According to Wife, she and her husband mutually decided that she would be a stay-at-home mother so that the family could follow Husband’s career path. During cross-examination, Wife stated that she believed that Husband should continue to bear sole financial responsibility for the family after the separation: “That is what we signed up for.... That is his responsibility!.]” She added: “From the very onset of the marriage, the agreement that Mark and I set forth was Mark would be the person who was the breadwinner in the family, that was extremely clear, and I would be the one raising the children.” When counsel asked more specifically about her future expectations of support, she answered: “I expect Mark to fulfill the duties that he said that he would twenty years ago.”

Regarding her physical condition, Wife testified that she began to experience chronic fatigue around 2007. At the time of her cancer diagnosis in 2009, she also tested positive for mononucleosis, which she characterized as “the cause of the fatigue.” Wife testified that, after learning of her husband’s *174 affair, she underwent therapy at the instructions of her doctors. She reported that she was currently taking an antidepressant, a mood stabilizer, thyroid medication, and blood pressure medication. She stated that her cancer was in remission at the time, but that she suffered from neuropathy in her hands and feet as a result of her chemotherapy.

At the time of trial, Wife did not believe that she would be able to resume employment. She said that she was still physically weak and continued to experience episodes of depression. Regarding her daily functioning, she stated: “I have to pace myself.

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Cite This Page — Counsel Stack

Bluebook (online)
137 A.3d 332, 228 Md. App. 163, 2016 Md. App. LEXIS 55, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-cyr-v-st-cyr-mdctspecapp-2016.