Jones-Shaw v. Shaw

Summary

The Georgia Supreme Court affirmed a divorce judgment declining to equitably divide a closely held nonprofit corporation because the wife failed to provide evidence establishing the corporation’s value at the time of marriage and divorce or showing marital appreciation attributable to spousal efforts. The court also upheld the denial of attorney fees, finding that the wife did not pursue her motion to compel discovery and had not shown a financial disparity warranting an award.

Holdings

1. A premarital business may be subject to equitable division to the extent it appreciates during the marriage through either spouse's efforts, but the party seeking division must provide evidence of the asset's value at the time of marriage and at the time of divorce. Because Wife provided no evidence from which a meaningful baseline valuation or appreciation could be determined, the superior court properly declined to treat GTS as subject to equitable division.
2. Wife was not entitled to attorney fees or expenses under OCGA § 9-11-37 (a) (4) because she did not pursue her motion to compel discovery and instead obtained the documents from third parties.
3. Wife's claim for attorney fees based on Husband's allegedly superior financial circumstances was abandoned because it was unsupported by argument or citation of authority; in any event, the financial affidavits did not show a disparity, and no abuse of discretion was shown in denying fees.

Questions Presented

1. Whether Wife established that Georgia Tarheel Sports, Inc. or any appreciation in its value was a marital asset subject to equitable division.
2. Whether the superior court erred by denying Wife attorney fees for Husband's alleged discovery noncompliance or based on an alleged disparity in the parties' financial circumstances.

Disposition

affirmed