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Buckler v. Buckler

Citations: 298 S.C. 526; 381 S.E.2d 910; 1989 S.C. App. LEXIS 80Docket: 1347

Court: Court of Appeals of South Carolina; June 5, 1989; South Carolina; State Appellate Court

Narrative Opinion Summary

This case involves a divorce proceeding where the respondent-wife sought custody of their children and equitable distribution of marital assets. Married since 1975, the couple's financial history included the wife's initial contribution of a home with equity, later sold and replaced with a new home, which was foreclosed due to the husband's unsuccessful business venture. The husband appealed the family court's asset division order, challenging several exclusions from marital property, such as a thrift savings plan, checking account funds, and car equity. The appellate court reversed the trial court's ruling partially, declaring the thrift savings plan as entirely marital property subject to equitable distribution under the Equitable Apportionment of Marital Property Act. However, it upheld the exclusion of the car's equity and dismissed the husband's claims regarding the checking account due to insufficient evidence. The court affirmed the trial judge's discretion in a 75/25 asset distribution, crediting the wife's substantial contributions to the marriage. The decision was partially affirmed and partially reversed, with concurrence from the panel of justices.

Legal Issues Addressed

Burden of Proof in Establishing Marital Debts

Application: The court required adequate evidence to classify debts as marital, rejecting claims without sufficient proof.

Reasoning: The husband's assertion that certain debts should be classified as marital debts is also rejected; the wife was held responsible for certain debts, while the husband held sole responsibility for others, with insufficient evidence presented to classify the debts as marital.

Classification of Marital and Non-Marital Property

Application: The court differentiated between marital and non-marital assets, determining the thrift savings plan as entirely marital, while excluding the equity in the marital car from marital property.

Reasoning: The court found that the thrift savings plan contributions made by the wife during the marriage should be considered marital property, contrary to the trial judge's ruling that only part of the funds were marital.

Equitable Distribution of Marital Assets

Application: The court evaluated the division of assets acquired during the marriage, determining that all property, including thrift savings plan contributions, should be considered marital unless exempted.

Reasoning: The appellate court cited the Equitable Apportionment of Marital Property Act, clarifying that all property acquired during the marriage is marital unless specifically exempted, which does not apply to the thrift savings plan.

Impact of Marital Misconduct on Asset Distribution

Application: The husband's alleged drinking and gambling were deemed irrelevant to the asset distribution decision, thus considered a harmless error by the court.

Reasoning: The husband contested the trial judge's finding that his drinking and gambling contributed to the marriage's breakdown, although the court deemed this a harmless error since it did not influence the equitable distribution ruling.

Judicial Discretion in Property Allocation

Application: The trial judge's discretion in property distribution was upheld, with the court affirming a 75/25 division based on the wife's contributions to the marriage.

Reasoning: The husband's challenge to the 75/25 property distribution is denied, as the judge's discretion is affirmed based on the wife's significant contributions to the marriage, both financially and through her role as a homemaker.