Watkins v. Watkins

746 S.E.2d 394, 228 N.C. App. 548, 2013 WL 3990283, 2013 N.C. App. LEXIS 826
CourtCourt of Appeals of North Carolina
DecidedAugust 6, 2013
DocketNo. COA12-1135
StatusPublished
Cited by3 cases

This text of 746 S.E.2d 394 (Watkins v. Watkins) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Watkins v. Watkins, 746 S.E.2d 394, 228 N.C. App. 548, 2013 WL 3990283, 2013 N.C. App. LEXIS 826 (N.C. Ct. App. 2013).

Opinion

DILLON, Judge.

Raymond D. Watkins (Defendant) appeals from an equitable distribution judgment and order filed on 7 February 2012 and from a post-separation support, alimony, and attorneys’ fees judgment and order also filed on 7 February 2012. For the following reasons, we affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.

I. Factual & Procedural Background

Plaintiff and Defendant were married on 22 April 1995 and separated on or about 2 February 2010. On 10 May 2010, Plaintiff filed a complaint in Buncombe County District Court seeking, inter alia, an equitable distribution of the parties’ assets. On 21 May 2010, Defendant filed an answer and counterclaims seeking post-separation support, alimony, and attorneys’ fees. On 18 June 2010, Plaintiff filed a reply in which she denied that she was the supporting spouse.

These matters came on for hearing in Buncombe County District Court on 16 November 2011. Three days of hearings ensued, during [550]*550which the trial court received testimony and heard arguments from both parties. On 7 February 2012, the trial court entered two separate orders (1) addressing the issue of equitable distribution; and (2) addressing the issues of post-separation support, alimony, and attorneys’ fees. Regarding equitable distribution, the court concluded that “an equal distribution of the marital estate is equitable and it would not be equitable to grant an unequal distribution in [] favor of the plaintiff or the defendant.” The trial court also denied Defendant’s claims for spousal support and attorneys’ fees. Defendant filed his notice of appeal from the 7 February 2012 orders on 7 March 2012.

II. Analysis

Defendant presents 20 issues on appeal, challenging the trial court’s equitable distribution order and its order denying Defendant’s counterclaims for spousal support and attorneys’ fees.1 We address these issues in turn.

A. Equitable Distribution

Defendant’s first 15 issues on appeal pertain to the trial court’s equitable distribution order. Our review is limited to determining “whether there is competent evidence to support the trial court’s findings of fact and whether the findings support the conclusions of law and ensuing judgment.” Stovall v. Stovall, 205 N.C. App. 405, 407, 698 S.E.2d 680, 683 (2010). The trial court’s findings of fact are binding on appeal “as long as competent evidence supports them, despite the existence of evidence to the contrary.” Id.

“The initial obligation of the trial court in any equitable distribution action is to identify the marital property in accordance with G.S. 50-20 and the appropriate case law.” Cornelius v. Cornelius, 87 N.C. App. 269, 271, 360 S.E.2d 703, 704 (1987). “The trial court must classify and identify property as marital or separate ‘depending upon the proof presented to the trial court of the nature’ of the assets.” Atkins v. Atkins, 102 N.C. App. 199, 206, 401 S.E.2d 784, 787 (1991) (citation omitted). Further,

[551]*551[t]he burden of showing the property to be marital is on the party seeking to classify the asset as marital and the burden of showing the property to be separate is on the party seeking to classify the asset as separate. A party may satisfy her burden by a preponderance of the evidence.

Id. (citations omitted).

If both parties meet their burdens, then under the statutory scheme of N.C.G.S. § 50-20(b)(1) and (b)(2), the property is excepted from the definition of marital property and is, therefore, separate property.
If the party claiming the property to be marital does not meet his burden of showing that the property was acquired during the course of the marriage, the property does not immediately become, as amatter of law, separate property. The party claiming the property as his separate property must meet the burden of establishing by the preponderance of the evidence that the property was “acquired by [him] before marriage...” or acquired by him after separation with his own separate funds].]

Id. at 206-07, 401 S.E.2d at 788 (citations omitted) (first alteration and ellipsis in original).

1. Defendant’s Investment Retirement Accounts

Defendant contends that the trial court erred in classifying and valuing two of his investment retirement accounts (IRAs). We agree and remand to the trial court to enter an order classifying and valuing Defendant’s IRAs in a manner consistent with this opinion.

In 2000 - during the parties’ marriage - Defendant opened the following two IRAs at issue at or about the time that he separated from his employment with BASF: (1) an IRA which was funded entirely with proceeds from his BASF defined pension plan (the Pension Rollover IRA); and (2) an IRA funded by rolling over a 401(k) account which he had contributed to while employed at BASF (the 401(k) Rollover IRA). In determining the marital and separate components of Defendant’s IRAs, the trial court expressly relied upon the testimony of Plaintiff’s expert, CPA Foster Shriner. Mr. Shriner concluded that the IRAs had a combined value of $273,312.00 as of the parties’ date of separation, with the marital component valued at $188,344.00 and the separate component valued at [552]*552$88,968.00.2 In determining these values, Mr. Shriner calculated the separate component by (1) using the combined value of Defendant’s IRAs as of the date of marriage - which represented Defendant’s separate property - and then (2) assuming that this separate property component increased in value each year during the marriage - until the date of separation - at the same rate as the S&P 500 index for each of those years.3

Defendant argues that the trial court erred by applying Mr. Shriner’s method of valuation instead of the coverture fraction method, which, Defendant contends, was the required method of valuation under N.C. Gen. Stat. § 50-20.1 (2011) and this Court’s precedent.

N.C. Gen. Stat. § 50-20.1 requires that the marital portion of a “pension, retirement, or other deferred compensation benefits” be calculated as follows:

The award shall be determined using the proportion of time the marriage existed (up to the date of separation of the parties), simultaneously with the employment which earned the vested and nonvested pension, retirement, or deferred compensation benefit, to the total amount of time of employment.

Id. For instance, if a spouse has participated in a pension benefit plan for twenty years as of the date of separation and if the spouse had been married for fifteen of those years, then, applying the coverture fraction, 75 percent of the value of the pension would be considered marital property and the remaining 25 percent would be considered the working spouse’s separate property.

In the case subjudice, Defendant posits that N.C. Gen. Stat. § 50-20.1 required

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Bluebook (online)
746 S.E.2d 394, 228 N.C. App. 548, 2013 WL 3990283, 2013 N.C. App. LEXIS 826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watkins-v-watkins-ncctapp-2013.