White v. White

308 S.E.2d 68, 64 N.C. App. 432, 1983 N.C. App. LEXIS 3327
CourtCourt of Appeals of North Carolina
DecidedOctober 18, 1983
Docket8210DC1178
StatusPublished
Cited by9 cases

This text of 308 S.E.2d 68 (White v. White) 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
White v. White, 308 S.E.2d 68, 64 N.C. App. 432, 1983 N.C. App. LEXIS 3327 (N.C. Ct. App. 1983).

Opinions

HILL, Judge.

The resolution of this appeal depends upon the interpretation given G.S. 50-20, the North Carolina Equitable Distribution Act. This act was enacted in recognition of the concept of marriage as a partnership, a shared enterprise to which both spouses make [433]*433valuable contributions, although often in different ways. Sharp, Equitable Distribution of Property in North Carolina: A Preliminary Analysis, 61 N.C. L. Rev. 247 (1983). Equitable distribution seeks to effect upon divorce those sharing principles that motivate most couples during marriage. Id. In particular, it gives recognition to the essential supportive role played by the wife in the home, acknowledging that as homemaker, wife and mother she should clearly be entitled to a share of the assets accumulated during the marriage. Rothman v. Rothman, 65 N.J. 219, 228, 320 A. 2d 496, 501 (1974).

In this case, defendant argues the court erred in concluding the parties were entitled to an equal share of the marital property. She maintains her contributions to the marital estate greatly exceeded those of the plaintiff; therefore, she is entitled to a greater share of the marital estate. The findings of fact made by the court are summarized as follows:

The parties were married from 8 September 1951 until 6 April 1982. There were two children born of the marriage: Kevin Baird White, born 4 September 1952, and Elinor Bannon White, born 28 February 1954. Prior to the marriage, plaintiff received a B.S. degree in agricultural engineering from North Carolina State University and defendant received certification as a registered nurse from Rex Nursing School. Upon their marriage, plaintiff was employed as a salesman of heavy equipment and owned a 1951 Studebaker automobile. Defendant was employed at Rex Hospital.

Upon getting married, defendant gave up her job at Rex Hospital and moved to Charlotte with plaintiff. Shortly thereafter, defendant became pregnant with her first child. By mutual consent of the parties, defendant elected not to pursue her career as a nurse and chose instead to raise the parties’ children and to seek only part-time employment as a nurse during the course of their minority. Plaintiff, throughout the first twenty-four years of the marriage, sold heavy equipment and was obligated to travel in connection with his employment. Defendant attended to the daily needs of the children, managed the parties’ household and finances, did the housework in their home, and contributed substantially to plaintiffs career by acquiescing in the several moves required by plaintiff s work and by assisting and encourag[434]*434ing plaintiff in the development of his career. Defendant was employed on a part-time basis in each of the communities in which the parties resided, often working at night and on weekends.

In June 1970, defendant obtained full-time employment with the U. S. Postal Service as an occupational health nurse and has pursued such career since that time. In July 1970, the parties separated for a period of nine months. Plaintiff was employed through 1975 but during the period of 1975-1978 did not have any regular full-time employment. Plaintiff acquired during the course of the marriage financial and investment skills which enabled him to earn income from his investments. During the marriage, plaintiff invested in securities in his separate name and purchased the bulk of his estate during the early 1970’s. Plaintiff also helped defendant invest in securities in her separate name.

During 1975 through 1978, defendant’s earnings and contributions to the parties’ home greatly exceeded those of the plaintiff and such earnings enabled plaintiff to attend to his individual investments on a daily basis. Those earnings were as follows:

Plaintiff Defendant
1974 $18,254.00 $13,321.00
1975 $10,852.00 $14,746.00
1976 $ 428.00 $15,835.00
1977 $ 3,190.00 $16,249.00
1978 $ 5,035.00 $16,641.00

In 1978, plaintiff obtained employment with the U. S. Postal Service and is presently so employed. Plaintiff is 55 years of age and defendant is 52. Plaintiff presently earns approximately $20,500.00 a year, has prospects of inheriting a substantial estate, and has additional steps in his salary enabling him to increase his income in the coming years. Defendant earns approximately $23,000.00 a year, has reached the maximum salary level for her position but may receive longevity increases. Plaintiff has bursitis, and defendant has arthritis and osteoporosis and has had periods of depression in the past which interfered with her employment. Plaintiff has vested pension rights of $3,300.00 and defendant has vested pension rights of $8,900.00.

[435]*435Either individually or jointly, the parties own the following marital property: (1) a house, lot and greenhouse valued at $57,900.00; (2) automobiles valued at $2,500.00; (3) securities in plaintiffs name valued at $45,279.95 and in defendant’s name in the amount of $27,128.91; (4) savings of $1,478.00; and (5) furniture valued at $1,000.00. Since 1975, defendant has made the mortgage payments on the house.

The court found that defendant contributed services as a spouse, parent, homemaker, and wage earner which exceed in value the fair market value of her interest in jointly held property and her separately held property. Finally, the court found that “pursuant to G.S. 50-20, an equal division of the marital property of the parties is presumed appropriate.”

The first issue we must address is whether the court was correct in finding that G.S. 50-20 creates a presumption of equal division. We believe the court was correct. G.S. 50-20(c) provides:

(c) There shall be an equal division by using net value of marital property unless the court determines that an equal division is not equitable. If the court determines that an equal division is not equitable, the court shall divide the marital property equitably. Factors the court shall consider under this subsection are as follows:
(1) The income, property, and liabilities of each party at the time the division of property is to become effective;
(2) Any obligation for support arising out of a prior marriage;
(3) The duration of the marriage and the age and physical and mental health of both parties;
(4) The need of a parent with custody of a child or children of the marriage to occupy or own the marital residence and to use or own its household effects;
(5) Vested pension or retirement rights and the expectation of nonvested pension or retirement rights, which are separate property;
(6) Any equitable claim to, interest in, or direct or indirect contribution made to the acquisition of such marital [436]*436property by the party not having title, including joint efforts or expenditures and contributions and services, or lack thereof, as a spouse, parent, wage earner or homemaker;
(7) Any direct or indirect contribution made by one spouse to help educate or develop the career potential of the other spouse;

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

Related

Joyner v. North Carolina Department of Health & Human Services
715 S.E.2d 498 (Court of Appeals of North Carolina, 2011)
Mills v. Amoco Performance Products, Inc.
872 F. Supp. 975 (S.D. Georgia, 1994)
Hartman v. Hartman
346 S.E.2d 196 (Court of Appeals of North Carolina, 1986)
Papuchis v. Papuchis
341 S.E.2d 829 (Court of Appeals of Virginia, 1986)
Nix v. Nix
341 S.E.2d 116 (Court of Appeals of North Carolina, 1986)
Appelbe v. Appelbe
333 S.E.2d 312 (Court of Appeals of North Carolina, 1985)
Wade v. Wade
325 S.E.2d 260 (Court of Appeals of North Carolina, 1985)
White v. White
308 S.E.2d 68 (Court of Appeals of North Carolina, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
308 S.E.2d 68, 64 N.C. App. 432, 1983 N.C. App. LEXIS 3327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-white-ncctapp-1983.