Narrative Opinion Summary
This case involves an appeal by JoAnn Herrick against a Stutsman County District Court judgment granting her a divorce from Clifford V. Herrick, based on adultery, and contesting the property division and alimony award. The Supreme Court of North Dakota examined the classification of a profit sharing trust and the denial of permanent alimony. Married for 22 years, the couple had a net worth of approximately $125,531. The trial court awarded JoAnn a larger portion of the assets but excluded Clifford's profit sharing trust from the marital estate, which JoAnn contested. Citing N.D.C.C. § 14-05-24 and precedent in Keig v. Keig, the court ruled that the exclusion was erroneous and remanded for reconsideration. The court also reviewed the limited alimony granted to JoAnn, affirming the decision due to Clifford's financial constraints and a dependent child. The ruling distinguished the profit sharing trust from federal interests, as seen in cases like Webber and McCarty, and reaffirmed child support obligations. The case was partially affirmed, reversed, and remanded for further proceedings on property division and alimony assessment.
Legal Issues Addressed
Alimony Under Ruff-Fischer Guidelinessubscribe to see similar legal issues
Application: The court applied the Ruff-Fischer guidelines to evaluate whether JoAnn should receive permanent alimony, ultimately ruling in favor of limited alimony due to Clifford's financial constraints.
Reasoning: Regarding alimony, the trial court granted JoAnn $150 per month for 14 months, while she sought permanent alimony based on the Ruff-Fischer guidelines, which emphasize rehabilitation.
Classification of Profit Sharing Trustssubscribe to see similar legal issues
Application: The trial court initially excluded the trust from marital assets, a decision contested by JoAnn and subject to review as a potential conclusion of law.
Reasoning: The trial court's decision to exclude the profit-sharing trust from marital assets was upheld as a finding of fact, though it could be classified as a conclusion of law, making it subject to review.
Consideration of Dependent Children in Alimony Determinationsubscribe to see similar legal issues
Application: The presence of a dependent child influenced the court's decision to limit alimony payments to a temporary period.
Reasoning: The trial court limited alimony to 14 months due to the presence of a dependent child.
Equitable Distribution of Marital Assetssubscribe to see similar legal issues
Application: The court considered whether the profit sharing trust should be included as part of the marital estate under N.D.C.C. § 14-05-24, leading to a remand for further determination.
Reasoning: Under North Dakota law, specifically N.D.C.C. § 14-05-24, the court is required to equitably distribute all property accumulated during the marriage. The trial court erred by failing to consider the profit-sharing trust as part of the marital estate.