Ramsdell v. Worden
17 A.3d 1224
| Me. | 2011Background
- In 2003 Ramsdell filed for divorce from Worden; in 2005 he pursued a U.S. District Court personal injury action and Worden pursued loss of consortium.
- The 2006 divorce judgment allocated 80% of Ramsdell’s inchoate direct claims to Ramsdell and 20% to Worden, and allocated Worden 80% of her indirect claims with Ramsdell receiving 20%.
- The judgment included an Intangible Property chart repeating the 80/20 allocation for inchoate claims.
- After verdicts and settlement in the federal case, Ramsdell paid Worden 20% of Ramsdell’s net recovery, but Worden sought a broader 20% share of the settlement.
- Worden argued she was owed 20% of the entire net recovery; Ramsdell argued 20% only of marital components or of items designated as marital.
- The motion court held the divorce judgment unambiguously allocated 20% of Ramsdell’s inchoate claims to Worden and ordered additional payment; Ramsdell appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the divorce judgment unambiguously allocate 20% of Ramsdell's inchoate claims to Worden? | Ramsdell contends judgment could exclude nonmarital components. | Worden argues plain 80/20 allocation for direct claims inchoate all marital. | Judgment unambiguous; Worden entitled to 20%. |
| Was Ramsdell’s position waived or the court’s interpretation reviewable for ambiguity? | Doucette-based nonmarital components could alter share. | Division fixed; waiver of post-judgment challenges. | Ramsdell waived nonmarital argument; review limited to ambiguity. |
Key Cases Cited
- Doucette v. Washburn, 2001 ME 38 (Me. 2001) (allocation of workers' compensation components; burden to prove nonmarital portion)
- Moulton v. Moulton, 485 A.2d 976 (Me. 1984) (property classification and division; marital presumption for property acquired during marriage)
- Stockwell v. Stockwell, 2006 ME 114 (Me. 2006) (ambiguity review for divorce judgments; plain meaning governs)
- Austin v. Austin, 2000 ME 61 (Me. 2000) (interpretation of divorce judgments; plain meaning and enforcement)
- Hanify v. Hanify, 403 Mass. 184 (Mass. 1988) (analysis of distribution of future damages and property during dissolution)