Wilson v. Wilson

434 N.W.2d 742, 1989 S.D. LEXIS 6, 1989 WL 1264
CourtSouth Dakota Supreme Court
DecidedJanuary 11, 1989
Docket16148
StatusPublished
Cited by33 cases

This text of 434 N.W.2d 742 (Wilson v. Wilson) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilson v. Wilson, 434 N.W.2d 742, 1989 S.D. LEXIS 6, 1989 WL 1264 (S.D. 1989).

Opinions

MILLER, Justice.

ACTION

William Wilson (Bill) and Karon J. Wilson (Karon) were granted a divorce in 1987. Bill appeals provisions of the divorce decree relating to the property division and alimony award. We reverse and remand.

FACTS

Karon and Bill were married in 1976. After their marriage the parties lived in various locations until settling in Missouri where their daughter (approximately age 7 at the time of the divorce) was born. In 1982 while still residing in Missouri, the parties purchased an acreage (including a farmhouse and outbuildings) near Viborg, South Dakota. Karon moved to the acreage while Bill continued working in Missouri where he intended to stay until an anticipated layoff would permit him to join his family. However, Bill subsequently secured employment in Montana and later in Pierre, South Dakota, and was able to make only periodic visits to Viborg. By the end of the marriage, Bill and Karon had lived apart for approximately five years.

At the time of the divorce, Bill was still living and working in Pierre, South Dakota, where he had purchased and furnished a trailer and was essentially maintaining his own household. Karon was living on the acreage where she was attempting to develop a small herd of livestock which had not yet earned a profit. Karon did have a part-time job where she earned approximately $100 per month. Bill’s net pay per month was $1,900.

According to the trial court’s findings of fact and conclusions of law, Karon contributed 40 per cent and Bill 60 per cent toward accumulation of marital assets. As will be noted later, the trial court assigned conflicting values to the marital assets. Bill was awarded property valued at $9,480 and was also made responsible for payment of the remaining $7,500 balance owed on the acreage. Karon was awarded total property valued at $42,923.82. Out of this award, $17,709.53 was considered Karon’s equitable share of the property division. The remaining property awarded to Karon was divided into different categories of alimony: $7,200 was designated “rehabilitative alimony”; and, $18,014.29 was desig[744]*744nated “permanent or restitutional alimony.”

ISSUE ONE

Whether the trial court erred in its valuation and division of the marital assets?

Prior to reaching his substantive arguments concerning the alimony award, Bill contends that the trial court’s findings of fact and conclusions of law are inconsistent as to the value of the marital assets. We agree.

By simply totaling the figures concerning the property division and alimony award in the trial court’s findings of fact and conclusions of law, it is readily apparent that there is an error. The trial court’s findings of fact assigned a total value to the marital assets of $44,273.82 yet it divided $52,403.82 worth of property between the parties. Moreover, the trial court’s findings of fact and conclusions of law specifically incorporated by reference its memorandum opinion and an addendum thereto. According to these documents, the total value of marital assets was $33,-386.91. The memorandum opinion and addendum also contain different values concerning the total amount of property awarded to Karon, the amount deemed her equitable share, and the amount deemed “permanent or restitutional alimony.”

This court’s standard of review with regard to the valuation of marital assets is whether the trial court divided the assets in an equitable manner. Herrboldt v. Herrboldt, 303 N.W.2d 571 (S.D.1981). The only time that this court will interfere with the valuations as determined by the trial court is when the trial court has made a clearly erroneous valuation finding. Id. The foregoing inconsistencies render the trial court’s findings clearly erroneous and prevent an appropriate, meaningful review as to the equity of the property division. Therefore, it is necessary to remand this matter to the trial court for clarification as to the following values: the total value of marital assets; the total value of property awarded to Karon; of the property awarded to Karon, the amount deemed her equitable share, the amount deemed rehabilitative alimony, the amount deemed restitu-tional alimony and the amount deemed permanent alimony.

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

Related

Taylor v. Taylor
2019 S.D. 27 (South Dakota Supreme Court, 2019)
Osdoba v. Kelley-Osdoba
2018 SD 43 (South Dakota Supreme Court, 2018)
State Ex Rel. Tegegne v. Andalo
2015 SD 57 (South Dakota Supreme Court, 2015)
Nickles v. Nickles
2015 SD 40 (South Dakota Supreme Court, 2015)
Wiswell v. Wiswell
2010 SD 32 (South Dakota Supreme Court, 2010)
Haanen v. Haanen
2009 SD 60 (South Dakota Supreme Court, 2009)
Walker v. Walker
2009 SD 31 (South Dakota Supreme Court, 2009)
Hill v. Hill
2009 SD 18 (South Dakota Supreme Court, 2009)
Fausch v. Fausch
2005 SD 63 (South Dakota Supreme Court, 2005)
Sanford v. Sanford
2005 SD 34 (South Dakota Supreme Court, 2005)
Harding-Moyer v. Harding
2000 SD 126 (South Dakota Supreme Court, 2000)
Urban v. Urban
1998 SD 29 (South Dakota Supreme Court, 1998)
Saxvik v. Saxvik
1996 SD 18 (South Dakota Supreme Court, 1996)
Eichmann v. Eichmann
485 N.W.2d 206 (South Dakota Supreme Court, 1992)
Brooks v. Brooks
470 N.W.2d 827 (South Dakota Supreme Court, 1991)
Parsons v. Parsons
469 N.W.2d 581 (South Dakota Supreme Court, 1991)
Fox v. Fox
467 N.W.2d 762 (South Dakota Supreme Court, 1991)
Studt v. Studt
443 N.W.2d 639 (South Dakota Supreme Court, 1989)
Ryken v. Ryken
440 N.W.2d 300 (South Dakota Supreme Court, 1989)
Wilson v. Wilson
434 N.W.2d 742 (South Dakota Supreme Court, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
434 N.W.2d 742, 1989 S.D. LEXIS 6, 1989 WL 1264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-wilson-sd-1989.