Vanni v. Vanni

535 A.2d 1268, 1988 R.I. LEXIS 8, 1988 WL 4221
CourtSupreme Court of Rhode Island
DecidedJanuary 26, 1988
Docket85-495
StatusPublished
Cited by8 cases

This text of 535 A.2d 1268 (Vanni v. Vanni) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vanni v. Vanni, 535 A.2d 1268, 1988 R.I. LEXIS 8, 1988 WL 4221 (R.I. 1988).

Opinion

OPINION

MURRAY, Justice.

This matter is before this court on appeal by Joseph Vanni (husband) from a decree entered in the Family Court granting the petition of Elaine Vanni (wife) for an absolute divorce on the grounds of irreconcilable differences. The husband appeals from the Family Court’s assignment of marital property and contends that the trial justice erred in including assets acquired by the husband after the marriage was irretrievably broken. The . husband also argues that the trial justice misconceived and overlooked material evidence and consequently miscalculated the marital assets. We affirm in part and reverse in part.

The parties were married in Rhode Island on November 19, 1960. Mr. Vanni moved out of the marital home in October 1980 and has not lived there since that time. On November 18, 1980, Mrs. Vanni filed a petition for divorce on the grounds of irreconcilable differences and extreme cruelty. A trial was held on May 15, 1985. The trial justice granted Mrs. Vanni’s petition for absolute divorce on the grounds of irreconcilable differences and assigned to the wife all right, title, and interest in the marital domicile located in North Providence, Rhode Island.

At trial Mrs. Vanni testified that most of the marital relationship was strained due to money problems that resulted from her husband’s lack of steady employment. She described disagreements with her husband that stemmed from his refusal to adopt children. Mr. Vanni was most likely sterile *1269 as a result of radiation therapy he had for cancer during his childhood. He testified that he was reluctant to adopt children because of financial instability. Mrs. Van-ni stated that she has been employed as an office secretary since 1969 and presently earned $14,000 per year. She stated that her husband had been a race-car driver but had broken his hip in 1971 in an accident and had been on crutches for three years. According to testimony, he had an artificial hip implanted and thereafter worked periodically at various low-paying jobs. In 1980 he accepted a job with Funds for Community Progress that paid $14,000 per year. However, Mr. Vanni did not begin working there until after he left the marital home in October 1980.

During the marriage the parties purchased a home in North Providence for $17,500. The purchase was made with a $10,000 loan provided by Mr. Vanni’s mother, that was paid back with interest. The balance of $7,500 was a gift from Mr. Van-ni’s mother. The parties agree that the fair market value of the house is $40,000. Mrs. Vanni testified, and her husband agreed, that his contribution had been to pay the real estate taxes, insurance, and utilities. Mrs. Vanni paid for all food, clothing, and other expenses from her earnings. In 1982 Mr. Vanni contributed $600 for house painting and gave $500 to his wife for expenses.

Mr. Vanni testified that he left the marital home for the attentions of another woman in October 1980. He stated that the relationship lasted only a few days, after which he returned to his wife and attempted reconciliation. She refused his offer. Thereafter Mr. Vanni moved in with his mother, where he continues to reside.

Mr. Vanni testified that in 1978 he opened an IRA account for $1,300 and in 1979 a second account was opened for $1,500. At trial, Mr. Vanni stated that the present value of the accounts amounted to $16,000 and that the value of two term accounts opened in 1981 also totaled $16,-000. He explained that nominal living expenses while living with his mother enabled him to contribute periodically to the accounts.

Relying on the testimony and evidence, the trial judge found that the parties separated on October 27, 1980. The defendant was faulted for precipitating the separation through his adulterous conduct. Further, the trial justice found that the wife’s conduct was proper and that she had worked steadily during the marriage, contributing her entire earnings. He noted that the husband worked when he could.

In addressing the equitable assignment, the trial justice ordered that:

“the husband convey all his right, title, and interest in and to the marital domicile to the wife; that the husband shall have free from the claim of his wife, all his IRA accounts, his bank account, which altogether comes to about $35,000. The balance of the equitable assignment, while weighed somewhat in favor of the wife, is certainly not any great amount that would perhaps compensate her for the long period of marriage, and the fact that she is now [sic] walking away with a very great deal, certainly nothing in the way of liquid assets, except what she herself, has accumulated in a bank account of $6,300 and $311 in an Old Colony checking account, and $200 in a Buick, and $60 share of Old Stone Corporation, about $7,000. The Court finds that equitably appears to be the appropriate way to divide the assets of the parties.”

On appeal (1) the husband challenges the trial justice’s determination to include assets acquired by the husband after the marriage was irretrievably broken pursuant to the Rhode Island equitable-distribution statute, G.L. 1956 (1981 Reenactment) § 15-5-16.1, as amended by P.L. 1982, ch. 403, § 1; 1 and (2) he contends that the trial *1270 justice misconceived and overlooked material evidence in calculating the distribution of marital property. For the reasons set forth below, we disagree with the husband’s first contention and agree with his second contention.

I

The equitable-distribution process requires three steps. First, the trial justice must determine which of the parties’ assets are marital property and which are non-marital property. Second, the trial justice must consider the factors enumerated in § 15-5-16.1. Third, he or she must distribute the marital property. Quinn v. Quinn, 512 A.2d 848, 852 (R.I. 1986).

The husband contends that the trial justice erred in conducting the first phase of this three-part analysis by including as marital property the money saved by Mr, Vanni subsequent to his departure from the marital home. The first issue that we are presented with requires that we determine the terminal date of a marriage for the purpose of identifying assets eligible for equitable distribution under § 15-5-16.1. The husband argues that we look to other jurisdictions in making our determination. 2 He suggests that we adopt the analysis applied by the New Jersey Supreme Court in Painter v. Painter, 65 N.J. 196, 218, 320 A.2d 484, 495 (1974), which holds that “for purposes of determining what property will be eligible for distribution the period of acquisition should be deemed to terminate the day the complaint is filed.” We do not agree with the husband, and we shall not import this proposition of law.

We recently held, and reaffirmed, our position that parties to a divorce action remain as husband and wife until the entry of the final decree of divorce. Centazzo v. Centazzo, 509 A.2d 995 (R.I. 1986). Further, we held:

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

Related

Simeng Wu-Carter v. Thomas G.J. Carter
179 A.3d 711 (Supreme Court of Rhode Island, 2018)
Tondreault v. Tondreault
966 A.2d 654 (Supreme Court of Rhode Island, 2009)
Ruffel v. Ruffel
900 A.2d 1178 (Supreme Court of Rhode Island, 2006)
Giha v. Giha
609 A.2d 945 (Supreme Court of Rhode Island, 1992)
Flaherty v. Flaherty
605 A.2d 499 (Supreme Court of Rhode Island, 1992)
Rogers v. Rogers
588 A.2d 1354 (Supreme Court of Rhode Island, 1991)
Kirk v. Kirk
577 A.2d 976 (Supreme Court of Rhode Island, 1990)
Cloutier v. Cloutier
567 A.2d 1131 (Supreme Court of Rhode Island, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
535 A.2d 1268, 1988 R.I. LEXIS 8, 1988 WL 4221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vanni-v-vanni-ri-1988.