M.A.Z. v. F.J.Z.
| Decision Date | 11 March 1997 |
| Docket Number | 67986,Nos. 67972,s. 67972 |
| Citation | 943 S.W.2d 781 |
| Parties | M.A.Z., Appellant/Cross-Respondent, v. F.J.Z., Respondent/Cross-Appellant. |
| Court | Missouri Court of Appeals |
David B. Lacks, Leigh Joy Carson, Clayton, for appellant.
Ted Lucas, Robert B. Hoemeke, St. Louis, for respondent.
Husband and Wife appeal the judgment and decree dissolving their eight year marriage. Wife complains that the maintenance she was awarded, $180,000.00 per year, is inadequate to meet her reasonable needs. Husband maintains that the maintenance award is excessive and unsupported by substantial evidence. Husband also challenges the trial court's division of property and its determination that his obligation to pay maintenance should continue in the event of his death unless secured by a $1,000,000.00 life insurance policy for Wife's benefit. We hold that the maintenance award and the provision for continuation of maintenance in the event of Husband's death are not supported by substantial evidence and reduce the maintenance award to Husband's requested amount of $90,000.00 per year. We also modify the division of property. As so modified, we affirm the judgment.
The parties were married in July, 1986 and Wife filed for dissolution in April, 1994. Both parties had been married before and their children from these prior unions were emancipated at the time of trial. No additional children were born of this marriage so the only issues at trial pertained to Wife's request for maintenance and the division of property.
When the parties first met, Wife was managing a restaurant and working as a lounge singer. Husband was president and the sole shareowner of a printing company. Over half of the company's business is derived from businesses controlled by a longstanding friend of Husband's. Much of Husband's time is devoted to maintaining his close relationship with his friend and friend's subordinates and the pursuit of additional business. To that end, Husband's company provides him with golf club memberships, season tickets to artistic and sporting events and virtual carte-blanche funding for entertainment of his current and prospective clients.
When Husband and Wife were married, Wife ceased working outside the home and assisted Husband in maintaining his close working relationship with his clients. Wife participated in a "birthday club" which included the principal client's wife and the subordinates' wives and attended numerous lunches and social events. Nearly all of the couple's evening meals were taken in restaurants or clubs and paid for by the company. Husband and Wife took numerous trips with clients, also paid for by the company.
The success of Husband's business strategy is unarguable. As Husband's friend's business has expanded through mergers and acquisitions, Husband's company has obtained additional business and achieved remarkable growth. Gross sales increased nearly six fold during the marriage and Husband's income, which the trial court found to be substantially in excess of $1.5 million per year, now exceeds the company's entire gross sales in the first year of marriage.
The trial court found that neither party had engaged in significant marital misconduct.
At the time of dissolution, the parties owned two homes, one in St. Louis and one in Vero Beach, Florida. Wife and Husband each valued the St. Louis home at $949,400.00 after deducting a 6% sales commission. That home was encumbered by a mortgage of $409,541.00. Wife valued the Vero Beach home at $1,100,000.00 without any allowance for a sales commission. Husband valued the Vero Beach home at $949,400.00, after deducting a 6% sales commission. Both homes contained extensive furnishings.
Wife submitted a statement of income and expenses claiming $0 income and monthly expenses of $25,450.00 ($305,400.00/yr.), which included $9,000.00 per month for mortgage payments, utilities, insurance and maintenance for the St. Louis home and $1,000.00 per month for maintenance of the Florida home. Wife's other claimed expenses are discussed infra. The trial court awarded Wife the St. Louis home and Husband was awarded the Florida home. The trial court found, however, that neither Wife's reasonable needs nor standard of living required maintaining her in the 5,500 square foot marital residence. The decree thus implicitly assumes that the home will be sold and a more suitable residence will be obtained with the $539,859.00 equity.
The trial court found Wife to be an intelligent, competent and able-bodied person, capable of working and contributing to her support, "but she is not possessed of adequate means to provide for her reasonable needs nor to maintain the standard of living she enjoyed during her marriage." The trial court further found that there was insufficient evidence as to what salary Wife could earn and did not attribute any income to her in making the award of maintenance. Aside from its observation that Wife did not need to maintain such a large residence, the trial court gave no indication of which portions of Wife's claimed expenses were found to be reasonable but found Wife's overall reasonable gross monthly needs to be $15,000.00. Wife was awarded periodic maintenance in that amount, payable bi-monthly, subject to modification. The trial court further ordered that maintenance shall not terminate upon the death of Husband unless at his death he has in full force and effect an insurance policy on his life with Wife as the beneficiary in the face amount of $1,000,000.00. In that event, maintenance would terminate upon Wife's receipt of the proceeds. Maintenance would also terminate upon Wife's death or remarriage.
Wife was awarded a substantial amount of separate property, consisting primarily of: her interest in her family's recreational property (valued by Wife at $108,000.00); approximately fifty items of jewelry given to Wife by Husband during the marriage at a cost of more than $238,000.00 1; selected furniture and household goods in the marital residence and selected items from the Florida home (not valued); several furs given to Wife by Husband during the marriage at a cost of more than $45,000,00; and an investment account valued at $27,349.00.
Husband was also awarded substantial separate property consisting of his stock in the company, including two country club memberships, valued at $2,000,000.00; a Leroy Nieman print (not valued); two guns; an IRA account, the separate property portion of which was valued at approximately $50,000.00; and three term life insurance policies, not valued, held by an irrevocable trust.
Because the division of property may impact the appropriateness of the maintenance award, we will address that issue first. In his first point on appeal, Husband complains that the trial court abused its discretion and failed to properly apply the factors set forth in § 452.330.1 RSMo 1994 3 in awarding Wife a disproportionate share of the marital property accumulated during their eight year, childless marriage. Specifically, Husband complains that: (1) the economic circumstances of the parties do not justify an award greatly favoring Wife in view of her substantial separate property, generous maintenance award and unimpaired earning capacity; (2) the marital property was accumulated entirely through Husband's efforts; (3) there was no misconduct found to justify an unequal award; and (4) the court overvalued Husband's property and awarded virtually all liquid assets to Wife, thus compounding the inequity.
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