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Kuroda v. Kuroda5/19/1998
t free) from the settlement proceeds to buy a house.
In other words, although the Divorce Decree ordered that "the monies in the amount of $446,886.03 . . . shall be divided between the parties, 60% to [Alice] and 40% to [Yasumasa,]" the $446,886.03 "monies" did not exist as "monies." Although some of the monies were used to purchase the three lots in Washington State, the Divorce Decree divided the net proceeds from the sale of these lots one-half to each party, not sixty-forty.
The Divorce Decree said nothing about the $108,000.00 loaned to the daughter and son-in-law and the $95,000.00 loaned to the son. On this subject, Alice states in her Amended Opening Brief as follows:
However, although the Divorce Decree does not so state, the Family Court's comments at the Reconsideration Motion hearing indicate the Court's apparent intent that the accounts receivable from the children would be assigned to [Alice] because she made the loans. If that is correct, given the fact that the $95,000 loan to the son was interest free and that the $108,000 loan to the daughter may also have been interest free, that means that [Yasumasa] will receive income producing assets with a value of $275,252 while [Alice] will receive income producing assets with a value of $161,630, together with the accounts receivable.
It appears that the accounts receivable were owed only to Alice. If so, the family court implicitly awarded them to Alice as part of her sixty percent (60%).
6.
Alice contends that it was error to award Alice only $1,200.00 per month alimony/spousal support for seven years, or until her death, her remarriage, or Yasumasa's death, subject to a provision that her alimony/spousal support would be reduced to $500.00 per month if and when Yasumasa retired before the end of the seven-year period.
In the words of her Amended Opening Brief, Alice contends that "the alimony award in [Alice's] favor is insufficient to allow her to maintain herself at the standard of living established during the marriage, recognizing that standard allowed the parties to save and build up their net worth from current income. [Yasumasa] will still be able to do so. [Alice] will not." We conclude that the ability to continue to save and build up one's net worth is not a valid standard of living consideration justifying the award of increased alimony/spousal support.
However, in light of our decision to vacate the property division part of the Divorce Decree, and considering the impact the property division has on Alice's entitlement to alimony/spousal support, we vacate the alimony/spousal support part of the Divorce Decree and remand for reconsideration of the alimony/spousal support award in the light of the property division.
Conclusion
Accordingly, we conclude that the June 14, 1994 "Order Granting Motion in Limine to Exclude Agreement in Contemplation of Divorce Filed 5/13/94" was harmless error. We affirm the March 20, 1995 Divorce Decree except that we vacate parts 4 through 11 of the Divorce Decree pertaining to issues other than the divorce itself. We remand for further proceedings consistent with this opinion.
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