Sandra Winslow v. Fred Winslow (mem. dec.)
34A02-1602-DR-421
| Ind. Ct. App. | Sep 29, 2016Background
- Sandra (Wife) and Fred Winslow (Husband) divorced after ~30-year marriage; Wife filed for dissolution in 2012 and final hearing occurred in 2015.
- Disputed assets included Husband’s one-third interest in ~68 acres of inherited Cass County farmland and an Edward Jones brokerage account funded by both parties (including Wife’s malpractice settlement proceeds).
- Trial court valued Husband’s one-third farmland interest at $43,900 based on the county assessor’s 2012 assessment and awarded that interest to Husband.
- The Edward Jones account was divided $60,529.60 to Husband and $26,028.90 to Wife; overall net distributions to each party were essentially equal.
- Wife moved to correct errors challenging the farmland valuation and sought spousal maintenance based on PTSD and anticipated health costs; the trial court denied relief and Wife appealed.
Issues
| Issue | Wife's Argument | Husband's Argument | Held |
|---|---|---|---|
| Valuation of farmland | Trial court should have used Purdue agricultural report to value land much higher per acre | County assessor’s 2012 valuation is specific to the property and Purdue averages are not for specific parcels | Affirmed: court did not abuse discretion in using county assessor value ($43,900 for one-third interest) |
| Division of Edward Jones account | Account funded primarily by Wife’s malpractice settlement; unequal division in Wife’s favor warranted | Funds were commingled and both used account during marriage | Affirmed: court’s distribution supported equal overall division of marital estate |
| Spousal maintenance (incapacity) | Wife’s PTSD materially impairs ability to support herself; needs maintenance and health coverage until Medicare eligibility | No expert showing of incapacity or loss of earning ability; Wife earns income and has annuities/SS | Affirmed: trial court reasonably found Wife did not meet statutory threshold for maintenance and denied award |
Key Cases Cited
- Yanoff v. Muncy, 688 N.E.2d 1259 (Ind. 1997) (standard for reviewing findings of fact and conclusions)
- Fobar v. Vonderahe, 771 N.E.2d 57 (Ind. 2002) (marital property division reviewed as a whole under abuse-of-discretion standard)
- Morey v. Morey, 49 N.E.3d 1065 (Ind. Ct. App. 2016) (trial court valuation of marital assets disturbed only for abuse of discretion)
- Bizik v. Bizik, 753 N.E.2d 762 (Ind. Ct. App. 2001) (spousal maintenance: threshold finding of incapacity materially affecting self-supporting ability required)