Jenike v. Jenike

Summary

The Vermont Supreme Court reversed and remanded divorce-related decisions concerning spousal maintenance and property distribution. It held that the family court improperly based maintenance on the husband's emotional abuse and fault, which are not factors authorized by Vermont's maintenance statute. The court also held that ordinary-course management of an investment account was not, without more, a violation of an interim order, while leaving open consideration of improper withdrawals or deliberately imprudent investment decisions.

Holdings

1. A spousal-maintenance award may not be based on the recipient spouse's desire to punish the other spouse or on the other spouse's fault for ending the marriage. The maintenance determination must be based on the statutory financial considerations identified in 15 V.S.A. § 752.
2. The family court erred by treating husband's continued buying and selling of stocks in the Fidelity account, when conducted as business in the ordinary course, as a violation of the interim order merely because the account lost value in a declining market.
3. The $100,000 property-settlement payment and the property award had to be vacated and reconsidered because the family court was required to reconsider maintenance and the valuation of the Fidelity account.

Questions Presented

1. Whether the family court improperly considered husband's fault, emotional abuse, and alleged misconduct in awarding spousal maintenance.
2. Whether the family court improperly treated husband's continued stock trading during the divorce as a violation of the interim domestic-relations order and relied on the resulting losses in valuing the Fidelity investment account.
3. Whether the $100,000 property-settlement payment should stand after reversal of the maintenance award and Fidelity-account valuation.

Disposition

reversed_and_remanded