Marilyn J. Moretti v. Vincent F. Moretti

Summary

The Rhode Island Supreme Court reviewed a divorce judgment involving valuation of a landscaping business, dissipation of marital assets, and rehabilitative alimony. The court held that a landscaping business may include an enterprise-goodwill component distinct from the owner's personal goodwill and remanded for reevaluation of that value. It affirmed the rulings concerning dissipation of assets and alimony.

Holdings

1. A landscaping business is not barred as a matter of law from having a goodwill component in its corporate value, but the valuation must distinguish enterprise goodwill from personal goodwill and account for the risk that the business would lose value if the defendant left it.
2. The defendant's arguments challenging the award of rehabilitative alimony were without merit, and the appeal on that issue was denied and dismissed.
3. The appeal concerning dissipation of marital assets was denied and dismissed; the defendant's spoliation argument was waived because it had not been presented to the trial justice.

Questions Presented

1. Whether the Family Court properly included goodwill in valuing the defendant's landscaping business for purposes of dividing the marital estate.
2. Whether the Family Court properly awarded rehabilitative alimony to the plaintiff.
3. Whether the Family Court properly found that the plaintiff dissipated $46,700 in marital assets, including whether the defendant's spoliation argument was preserved.

Disposition

reversed_and_remanded