Marriage of Schwartz and Harris
2013 MT 145
| Mont. | 2013Background
- Greg Harris and Jean Schwartz (formerly Harris) divorced; district court dissolved marriage and divided marital estate, including Grizzly Security businesses; trial relied on 2009 income-based appraisal for Grizzly Security; equalization payment of about $1.26 million to Jean was awarded; Greg paid housing costs for Jean post-separation and mortgage support beyond mandatory orders; the court remanded to address payment plan and specific credits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Valuation date for marital estate | Greg argues for 2002 valuation on separation, not 2009 | Jean argues 2009 was appropriate as parties acted like a married couple | Court did not abuse discretion; 2009 values affirmed |
| Valuation of Grizzly Security businesses | Greg challenges Jean’s valuation as excessive | Jean’s expert valuation is within range and credible | Court did not abuse its discretion; adopted Jean’s expert valuation (2009) as reasonable |
| Credit for post-separation housing payments (approx. $115,000) | Greg seeks offset credit for housing costs paid after separation | Housing costs partly support of temporary order and home equity shared; no separate credit previously considered | Court acknowledged housing payments but remanded to calculate and grant credit for post-separation housing expenses toward the equalization payment |
| Method and feasibility of paying the equalization amount | Greg argues the $1.259M equalization is not reasonably payable | Jean seeks timely payment as determined by decree; no structured plan provided | Remanded to implement a reasonable payment plan consistent with equity-distribution guidelines |
Key Cases Cited
- In re Marriage of Baide, 323 Mont. 104, 99 P.3d 178 (Mont. 2004) (valuation and allocation standards; deference to district court findings)
- In re Marriage of Williams, 352 Mont. 198, 217 P.3d 67 (Mont. 2009) (valuation at or near separation; equitable apportionment emphasis)
- In re Marriage of Williams, 360 Mont. 46, 250 P.3d 850 (Mont. 2011) (Williams II; date of separation considerations and finances management post-separation)
- In re Marriage of Hedges, 311 Mont. 230, 53 P.3d 1273 (Mont. 2002) (valuation of business assets; court’s discretion in accepting credible appraisal)
- In re Marriage of Thorner, 345 Mont. 194, 190 P.3d 1063 (Mont. 2008) (valuation timing; separation considerations in asset division)
- In re Marriage of Tipton, 357 Mont. 1, 239 P.3d 116 (Mont. 2010) (valuation timing and equitable distribution guidance)
- In re Marriage of Gibson, 206 Mont. 460, 671 P.2d 629 (Mont. 1983) (interest rates and enforcement of distributive awards; equitable considerations)