Hargrove v. Hargrove
2015 Ark. App. 45
| Ark. Ct. App. | 2015Background
- Arkansas Court of Appeals, Division IV, No. CV-14-506, opinion delivered Jan. 28, 2015.
- Domestic relations case: whether life insurance death-benefit proceeds are marital property for division.
- Policy on appellant's son purchased in 1995; appellant named beneficiary.
- Marital funds paid premiums from marriage through May 2013; last three payments from nonmarital gifts in 2013.
- Son died August 2013 while divorce pending; policy not in record but described as flexible premium adjustable with $100,000 death benefit.
- Trial court treated 86% of premiums as marital and awarded 60/40 marital share; court erred as a matter of law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether death-benefit proceeds are marital property under 9-12-315(b)(1). | Hargrove argues commingling makes proceeds marital. | Hargrove argues proceeds fall within statutory exemption for death of another. | Proceeds are not marital property; statutory exemption applies. |
Key Cases Cited
- Farrell v. Farrell, 365 Ark. 465 (Ark. 2006) (statutory construction of marital property; de novo review)
- Dozier v. Dozier, 2014 Ark. App. 78 (Ark. App. 2014) (de novo review of factual determinations in domestic relations)
- Wright v. Wright, 29 Ark. App. 20 (Ark. App. 1989) (marital property presumptions and exceptions)
- Jones v. Jones, 432 S.W.3d 36 (Ark. 2014) (non-marital asset value upended by active appreciation context)
- Box v. Box, 312 Ark. 550 (Ark. 1993) (line of cases on nonmarital assets and equitable claims)