Bond v. Bond
17 A.3d 1219
| Me. | 2011Background
- Marriage October 25, 1997; divorce filed July 11, 2008; trial December 18, 2009; Bond Brothers Hardware, Inc. largely nonmarital; marital home equity approximately $108,500 with Lynne receiving one-third; Sheridan received Bond Brothers and nonmarital inheritance (~$12,000) following the court’s findings.
- Parties agreed on some property division but did not value assets; no expert valuations or appraisals presented; court concluded Bond Brothers was mostly nonmarital with negligible marital equity.
- Court declined spousal support and attorney fees; allocated more credit card debt to Lynne; awarded Sheridan the marital home and reserved a portion of its equity to Lynne (one-third).
- Appeal challenged valuation and classification of Bond Brothers, equity allocation of the home, and overall distribution; court affirmed the disposition.
- Final judgment affirmed by the Maine Supreme Judicial Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Valuation and classification of Bond Brothers, Inc. | Bond Brothers has a significant marital component. | Business was largely nonmarital as a gift from Sheridan’s mother. | Bond Brothers primarily nonmarital; negligible marital equity; award to Sheridan affirmed. |
| Equitable distribution of marital home equity | Lynne entitled to greater share due to contributions. | Court properly weighed contributions; one-third allocation to Lynne appropriate. | Court did not abuse discretion; Lynne receives one-third of home equity. |
| Allocation of marital debts | Lynne should bear less of the credit card debt. | Court reasonably allocated debt between parties. | No abuse of discretion in debt allocation. |
| Spousal support | Spousal support should be awarded to Lynne. | Difference in incomes not significant; no support warranted. | No spousal support awarded. |
| Attorney fees | Lynne seeks attorney fees. | Court declined to award fees. | No attorney fees awarded. |
Key Cases Cited
- Wandishin v. Wandishin, 976 A.2d 949 (Me. 2009) (review of factual and valuation determinations for clear error; distribution within discretion)
- Hedges v. Pitcher, 942 A.2d 1217 (Me. 2008) (clear error and abuse-of-discretion standards in domestic relations)
- Carter v. Carter, 900 A.2d 200 (Me. 2006) (guidance on equitable distribution and judicial discretion)
- Brown v. Brown, 929 A.2d 476 (Me. 2007) (standard for reviewing property dispositions)