 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Doucette v. Washburn2/22/2001
A.2d 649, 652 (Me. 1990); Robinson v. Robinson, 554 A.2d 1173, 1176 (Me. 1989). "Although the idea of an equal allocation may certainly be entertained by a divorce court, it carries no presumptive weight either in its favor or against it." Robinson, 554 A.2d at 1176. In addition, the court is specifically authorized to consider the "value of the property set apart to each spouse" in reaching an equitable distribution of the marital property. 19-A M.R.S.A. § 953(1)(B).
In the absence of a weighted award of the marital property, Washburn would have exited the marriage with extensive assets, leaving Doucette with little because Doucette held no non-marital property. Given Doucette's limited earning capacity, spousal support would almost certainly have been necessary. In its supplemental findings, the court indicated that one of its primary considerations in the division of property was to eliminate Doucette's need for spousal support. Because the court "may also consider the division of marital property that its decree makes, and whether the property distribution provides the [spouse] with the income necessary to meet her living expenses" when considering the award of alimony, Deditch, 584 A.2d at 652, the court did not err in determining that a weighted distribution of the marital assets was an appropriate substitute for a spousal support award.
Nor did the court err in concluding that spousal support would have been necessary absent the weighted distribution of marital property. The court had before it two individuals with no post-high school education who had accumulated a modest amount of assets during the marriage. The primary source of income during the marriage, Washburn's S.D. Warren salary, had been replaced by the receipt of disability payments and a lump sum workers' compensation award, most of which would be awarded to Washburn. Doucette has very limited work capacity beyond minimum wage employment, she has no car, lives with her mother whom she pays $50 per week for room and board, has no pension other than her $12,000 IRA, and must pay $17.60 per week for health insurance. Washburn, in addition to being awarded most of the income from the workers' compensation settlement, owns a truck and two boats, lived rent-free for many years in the marital home, and paid no spousal support to Doucette.
Thus, the facts would have supported an award of spousal support to Doucette. No statute or positive rule of law precludes the court from considering post-divorce need in its award of marital property. Providing for the financial needs of one spouse through the division of marital property is both contemplated by the statute and supported by the facts in this case. See 19-A M.R.S.A. § 953(1). See also Crooker v. Crooker, 432 A.2d 1293, 1296 n.1 (Me. 1981).
Moreover, the award of a larger share of marital property was designed by the court to allow the parties to separate their financial matters permanently, a goal which we have encouraged. See Berry v. Berry, 658 A.2d 1097, 1099 (Me. 1995) (holding that a court should attempt to "divide the marital property in such a manner as to avoid continued financial interaction between the parties"). In addition, the court considered the tax consequences of a support award. The court was concerned that Washburn might not be able to pay periodic spousal support and believed that imposing a lump sum spousal support award would cause him to incur capital gains taxes on the sale of assets necessary to realize the lump sum.
The division of marital property does not represent a plain and unmistakable injustice, and the court did not exceed the bounds of its discretion in entering the award.
The entry
Page 1 2 3 4 5 6 Maine Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|