Marriage of Tvetene, 2017 MT 50N

Montana Supreme Court memorandum opinion in In re Marriage of Debra and Gregg Tvetene, Yellowstone County; final decree disposed of property division, maintenance, and attorney fees after a 12-year marriage.
Gregg owned a 40% interest in Trebro Holding Inc., acquired by inheritance or gift before marriage; district court included this pre-acquired property in the marital estate for equitable apportionment.
Funk v. Funk clarified that all assets of either spouse, regardless of when acquired, are part of the marital estate for distribution, with consideration of § 40-4-202 factors.
District court valued Gregg’s 40% Trebro interest at $2,000,000 and distributed the entire interest to Gregg along with related net operating losses; Debra received other assets and liabilities totaling an 87/13 split in Gregg’s favor.
Debra contributed nonmonetary value as homemaker and to Trebro’s operations; court found her contributions supported equity in the distribution.
Maintenance and attorney’s fees were awarded to Debra; Gregg was ordered to pay $1,750 monthly maintenance for 10 years and Debra’s attorney’s fees were addressed under § 40-4-110.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Trebro stock is part of the marital estate for equitable distribution	Tvetene argued pre-marriage Trebro stock should be excluded	Tvetene contends only post-marriage or contributed-value assets are marital	Trebro stock included; district court properly apportioned under Funk
Appropriateness of valuing Gregg's 40% Trebro interest at $2,000,000	Valuation unsupported by independent appraisal	District court may rely on credible evidence; value supported	Valuation supported by substantial credible evidence; affirmed
Whether maintenance to Debra was properly calculated and awarded	Debra lacks sufficient assets; needs maintenance	Gregg has resources; maintenance not warranted or miscalculated	Maintenance award affirmed as within discretion and supported by facts
Whether the district court abused its discretion in awarding attorney's fees	Debra incurred fees; court should order Gregg to pay	Gregg able to pay without substantial impairment	Attorney’s fee order affirmed

Funk v. Funk, 270 P.3d 39 (MT 2012) (overruled inconsistent line of authority; all assets are marital property for distribution)
Crilly v. Crilly, 124 P.3d 1151 (MT 2005) (abuse of discretion standard in valuation; multiplicity of evidence allowed)
Swanson v. Swanson, 90 P.3d 418 (MT 2004) (standard review for division of marital property; clearly erroneous findings)
Bartsch v. Bartsch, 162 P.3d 72 (MT 2007) (broad discretion to equitably apportion; factors §40-4-202(1)(a)-(c) considered)
Arnold v. Sullivan, 226 P.3d 594 (MT 2010) (held pre-acquired property may be excluded under certain logic; later clarified by Funk)
Dennison v. Dennison, 132 P.3d 535 (MT 2006) (attorney’s fees awarded on abuse-of-discretion review)
Helzer v. Helzer, 102 P.3d 1263 (MT 2004) (valuation and distribution principles in dissolution)