Lageman v. Lageman

313 So.3d 1075

Scott Allan LAGEMAN, Appellant

v.Sonya Leigh (Szymanski) LAGEMAN, Appellee

NO. 2019-CA-01270-COA

Court of Appeals of Mississippi.

March 23, 2021

ATTORNEYS FOR APPELLANT: A. E. (RUSTY) HARLOW JR., KATHI CRESTMAN WILSON, Grenada

ATTORNEYS FOR APPELLEE: CHARLES E. WINFIELD, ASHLYN BROWN MATTHEWS, Starkville

BEFORE WILSON, P.J., LAWRENCE AND McCARTY, JJ.

LAWRENCE, J., FOR THE COURT:

¶1. Sonya and Scott Lageman were granted a divorce on the ground of irreconcilable differences by the Chancery Court of DeSoto County on May 1, 2019. After a one-day trial and pursuant to their divorce decree entered on May 30, 2019, the court ordered in part: (1) Scott should pay monthly child support to Sonya in the amount of $4,000.00; (2) Scott should pay $200.00 into each of the minor children's "529 College Funds" each month until the children enter college; (3) Scott should receive certain personal property valued at $75,500.00; (4) Sonya should receive certain personal property valued at $35,000.00; (5) Sonya should receive cash assets in the amount of $163,043.77¹ ; (6) Scott should receive cash assets in the amount of $122,543.78² ; (7) Sonya should receive her IRA in the amount of $108,000.00 and $650,258.85 from Scott's Federal Express (FedEx) Retirement Savings Account; (8) Scott should receive the remaining $652,169.22 in his FedEx Retirement Savings Account and the balance of his two T. Rowe Price accounts in the amount of $108,089.64; and (9) Sonya should receive forty-five percent of the value of Scott's pension plan with FedEx as of May 1, 2019.

¶2. Aggrieved by portions of the chancery court's decree, Scott filed a motion for reconsideration and motion for clarification on June 10, 2019, which was ultimately denied. On August 8, 2019, Scott filed his notice of appeal and asserted three issues for this Court's consideration on appeal, including (1) whether the chancery court erred by failing to classify and consider the value of the marital and separate portions of Scott's FedEx pension account and FedEx retirement account in its equitable distribution analysis; (2) whether the chancery court erred in ordering Scott to pay child support in the amount of twenty percent of his monthly adjusted gross income, considering that his annual adjusted gross income exceeded $100,000.00; and (3) whether the chancery court erred in failing to consider other pre-marital assets owned by Scott in conducting its equitable-distribution analysis. Finding no error, we affirm the chancery court's ruling.

FACTS AND PROCEDURAL HISTORY

¶3. Scott and Sonya were married on July 3, 2002, and had two minor children, L.L. and B.L.³ At the time of the trial, Scott was employed as a pilot for FedEx and Sonya was employed part-time as an occupational therapist at Olive Branch Methodist Hospital. Scott began working for FedEx in April 1996, a little over six years prior to his marriage to Sonya. Scott started working with FedEx as a handler and worked his way up to a pilot position. At the time of trial, Scott had just begun his twenty-fourth year with FedEx and reported a monthly adjusted gross income of $21,386.00. At the beginning of the marriage, Sonya was employed as a commercial real estate leasing agent. Approximately a month after the marriage, Sonya enrolled in occupational therapy school full-time and graduated in December 2004. Sonya worked full-time at a clinic as an occupational therapist until L.L. was born in 2005. After L.L. was born, Sonya worked part-time in 2005 until 2011 when she then became a full-time stay-at-home mom. Following the parties' separation, Sonya began working again four days per week at Olive Branch Methodist Hospital. At the time of trial, Sonya reported a monthly adjusted gross income of $2,972.09.

¶4. Throughout the marriage, the parties and their children enjoyed a comfortable lifestyle which included a 3,400 square-foot home with an approximate value of $350,000.00 and a swimming pool. Further, the parties owned a vacation home referred to as the lake house.⁴ Along with the accumulation of additional personal property including vehicles, furniture, electronics, jewelry, guns, a boat, kayaks, and four-wheelers. The parties also amassed a significant number of financial accounts of considerable value. Their financial accounts included the following: a checking account in Sonya's name valued at $50,000.00,⁵ a checking account in Scott's name valued at $123,000.00,⁶ an individual retirement account (IRA) in Sonya's name valued at $108,000.00, two T. Rowe Price accounts in Scott's name valued at approximately $69,584.77 and $38,504.87, Scott's FedEx retirement account valued at approximately $1,302,428.07, and Scott's FedEx pension account for which no value was ever provided for either at the beginning of the marriage or the date of the trial. Additionally, the parties maintained a 529 account⁷ and life insurance policy for each minor child. The parties did not dispute the fact that the 529 accounts and the children's life insurance policies should continue to be maintained for the children's future benefit.

¶5. On February 8, 2018, Sonya filed a complaint for divorce and temporary relief. In her complaint, Sonya alleged adultery, habitual cruel and inhuman treatment, or, in the alternative, irreconcilable differences, as her grounds for divorce. On March 8, 2018, Scott filed an answer to Sonya's complaint and denied the allegations of adultery and habitual cruel and inhuman treatment. On April 22, 2019, Scott filed a counter-complaint for divorce wherein he also alleged adultery, habitual cruel and inhuman treatment, or, in the alternative, irreconcilable differences, as his grounds for divorce. Prior to trial on May 1, 2019, Scott and Sonya stipulated to a divorce on the ground of irreconcilable differences; however, they submitted to the chancery court for a determination of the remaining issues of child support, alimony, equitable division of real and personal property, and equitable division of marital debt. After a one-day trial, the chancery court rendered its decision on the record that same day and the decree of divorce was subsequently entered on May 30, 2019. Aggrieved by the chancery court's decree, Scott filed a motion for reconsideration and motion to clarify on June 10, 2019, requesting that the chancery court reconsider its ruling on the equitable distribution of his FedEx pension account and clarify the award of alimony prior to the sale of the marital home. After a hearing on July 22, 2019, the chancery court entered an order denying Scott's motion for reconsideration on July 23, 2019. Scott filed his notice of appeal on August 8, 2019.

STANDARD OF REVIEW

¶6. "This Court's scope of review in domestic-relations matters is strictly limited." Faerber v. Faerber , 150 So. 3d 1000, 1005 (¶11) (Miss. Ct. App. 2014) (quoting Curry v. Frazier , 119 So. 3d 362, 365 (¶8) (Miss. Ct. App. 2013) ). "A chancellor's findings will not be disturbed when supported by substantial evidence unless the chancellor abused his discretion, was manifestly wrong or clearly erroneous, or applied an erroneous legal standard." Id .

ANALYSIS

I. Whether the chancery court erred by failing to classify and consider the value of the marital and separate portions of Scott's FedEx pension account and FedEx retirement account in its equitable-distribution analysis.

¶7. Scott argues that the chancery court failed to value his FedEx pension account and FedEx retirement account or classify the portions of the accounts as either marital or separate. He further argues that the court erred in awarding Sonya portions of those accounts that he alleges were his separate property.

¶8. When determining an equitable division of assets, the chancery court is tasked with first classifying the assets as either marital or non-marital. Hemsley v. Hemsley , 639 So. 2d 909, 914-15 (Miss. 1994). "The burden is upon one claiming assets to be non-marital to demonstrate to the court their non-marital character. This burden goes beyond a mere demonstration that the asset was acquired prior to marriage." A & L Inc. v. Grantham , 747 So. 2d 832, 839 (¶23) (Miss. 1999) (citing Hemsley , 639 So. 2d at 915 ). Once the assets have been classified, the chancery court must value and equitably divide the property according to the guidelines set forth in Ferguson v. Ferguson , 639 So. 2d 921, 928 (Miss. 1994). While the list of considerations outlined in Ferguson is not exclusive, the Mississippi Supreme Court suggests that each factor be considered, where applicable, in an equitable division analysis. Id . The factors set forth in Ferguson include:

1. Substantial contribution to the accumulation of the property. Factors to be considered in determining contribution are as follows:

a. Direct or indirect economic contribution to acquisition of the property;

b. Contribution to the stability and harmony of the marital and family relationships as measured by quality, quantity of time spent on family duties and duration of the marriage; and

c. Contribution to the education, training or other accomplishment bearing on the earning power of the spouse accumulating the assets.

2. The degree to which each spouse has expended, withdrawn or otherwise disposed of marital assets and any prior distribution of such assets by agreement, decree or otherwise.

3. The market value and the emotional value of the assets subject to distribution.

4. The value of assets not ordinarily, absent equitable factors to the contrary, subject to such distribution, such as property brought to the marriage by the parties and property acquired by inheritance or inter vivos gift by or to an individual spouse;

5. Tax and other economic consequences, and contractual or legal consequences to third parties, of the proposed distribution;

6. The extent to which property division may, with equity to both parties, be utilized to eliminate periodic payments and other potential sources of future friction between the

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