Fugere v. Fugere
2015 ND 174
| N.D. | 2015Background
- Married August 2009 after Kevin’s large ranch operation; Marie previously bankruptcy debtor with $100,000 thrift account and no children.
- Kevin’s pre-marital wealth mainly from ranch; Marie quit her postmaster job to help on the ranch and performed limited chores.
- Marie attempted suicide pre-wedding; prenuptial agreements discussed but none signed.
- Short marriage (44 months); district court valued marital estate near $5.85 million and awarded Kevin most assets.
- Court ordered rehabilitative spousal support of $1,550/month for 5 years and a $105,000 cash compensation to Marie, offset by prior costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the property division clearly erroneous given short marriage? | Fugere contends Marie contributed to increase in net worth. | Marie argues she is entitled to half or more due to her contributions. | Not clearly erroneous; division upheld. |
| Should Marie receive one-half of marital assets given contributions? | Marie asserts substantial contribution warrants half of net worth. | Court found Kevin’s pre-marital assets and limited Marie contribution justify unequal split. | Unequal distribution appropriate under short marriage. |
| Did the court err by reducing Marie’s cash award by $24,000? | Original order language should have preserved full amount. | Court clarified prior order; reduction proper as costs/fees. | No error; reduction proper. |
| Whether rehabilitative spousal support was appropriate given duration? | Marie seeks permanent support. | Rehabilitative support appropriate for short marriage. | Maintained rehabilitative support for five years. |
Key Cases Cited
- Feist v. Feist, 862 N.W.2d 817 (ND 2015) (standard of review for property division; short-term marriage context)
- Hoverson v. Hoverson, 828 N.W.2d 510 (ND 2013) (equitable distribution framework Ruff-Fischer factors)
- McCarthy v. McCarthy, 856 N.W.2d 762 (ND 2014) (Ruff-Fischer guidelines and suitability of unequal division in short marriages)
- Dieterle v. Dieterle, 830 N.W.2d 571 (ND 2013) (long/short marriage considerations in property division)
- Routledge v. Routledge, 377 N.W.2d 542 (ND 1985) (no rule that all increases in net worth during marriage are equally divided)