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Kuroda v. Kuroda5/19/1998
Opinion OF THE COURT BY BURNS, C.J.
Defendant-Appellant Alice K. Kuroda (hereafter Alice, Wife, or Defendant) appeals the family court's (1) June 14, 1994 "Order Granting Motion in Limine to Exclude Agreement in Contemplation of Divorce Filed 5/13/94" and (2) March 20, 1995 Divorce Decree. We conclude that (1) was harmless error. We affirm (2) except that we vacate that part pertaining to issues (alimony/spousal support and division and distribution of property and debts) other than the divorce itself. We remand for further proceedings consistent with this opinion.
This opinion:
A. Discusses the limits of motions in limine.
B. Outlines the dispositive questions for determining whether, in the situation where the parties lived together as husband and wife before and during the time from 1975 to 1993, a 1975 Agreement in Contemplation of Divorce is enforceable in a divorce action commenced in 1993.
C. Decides that the fact that a lump sum personal injury award was compensation for dental malpractice injuries suffered by one party during the marriage is not a factor to be considered when deciding how to divide the proceeds of the award.
D. Decides that when there is no evidence of what portion of the lump sum personal injury award, if any, was compensation for dental malpractice injuries to be suffered by one party post-marriage, it must be assumed that all of the award was for damages during the marital partnership. The party who alleges that an item of property of one or both of the parties is not partnership property has the burden of proof.
BACKGROUND
Plaintiff-Appellee Yasumasa Kuroda (hereafter Yasumasa, Husband, or Plaintiff) was born on April 28, 1931. Alice was born on March 14, 1937. The parties were married on March 21, 1961. Their daughter was born on June 16, 1964, and their son was born on September 13, 1966.
On November 19, 1975, Yasumasa and Alice entered into an Agreement in Contemplation of Divorce (1975 AICD) which states in relevant part as follows:
WHEREAS, in consequence of disputes and unhappy differences, the parties hereto contemplate a divorce and the parties desire to settle their property rights, custody, support and education of the minor children, the support and maintenance of the Wife and other rights and obligations arising out of the marital relation,
IT IS THEREFORE AGREED:
1. Consideration. The consideration for this Agreement is the mutual promises and agreements herein contained.
2. Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit.
3. Division of Personal Property. Husband agrees that Wife shall take as her own personal property any and all personal property, household effects, household furniture, and furnishings heretofore used and held by them in common.
4. Division of Real Property. Husband shall convey to Wife upon demand by Wife all of the real property held by the parties including all real property acquired before the marriage by either party. . . .
5. Custody. The Wife shall have the care, custody and control of the minor children of the parties. . . .
6. Support of Wife. Husband agrees to pay to Wife one-half of the net income from every source including retirement fund and royalties after deduction of federal, state, income and withholding taxes, unemployment compensation taxes to Wife until the following condition occurs:
a). Wife's death;
b
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