Sullivan v. Sullivan
| Docket Number: | 2007-CA-00771-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-09-2008 Opinion Author: Chandler, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Divorce: Irreconcilable differences - Division of marital assets Judge(s) Concurring: Kiing, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts, and Carlton, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 03-12-2007 Appealed from: RANKIN COUNTY CHANCERY COURT Judge: Dan Fairly Disposition: FINAL JUDGMENT OF DIVORCE ENTERED Case Number: 57930 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | DONNA M. SULLIVAN |
MELISSA LEE DAY GARDNER,
ROBERT LOFTON GRAY |
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| Appellee: | STEPHEN D. SULLIVAN | ANSELM J. MCLAURIN, BRANDI LINDSAY BROWN |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Divorce: Irreconcilable differences - Division of marital assets |
| Summary of the Facts: | Donna Sullivan and Stephen Sullivan were granted a divorce on the ground of irreconcilable differences. The chancellor awarded primary physical custody of the parties’ minor children to Stephen. The chancellor also equitably divided the parties’ marital property. Donna appeals. |
| Summary of Opinion Analysis: | Donna argues that the chancellor’s findings concerning the Ferguson factors resulted in an award of an insufficient amount of the marital assets. More specifically, she argues that the chancellor put too much emphasis on her admitted adultery when Stephen also engaged in extramarital relationships. The chancellor awarded Donna all of the marital assets aside from the cash surrender value of the life insurance policy, one-half of the value of the various U.S. savings bonds, and $186,647.14 of the assessed value of Stephen’s IRA. Additionally, the chancellor ordered Stephen to pay for thirty-six months of health insurance for Donna; $7,294.78 of her attorney’s fees; $532 in past due homeowners’ association fees; $253 in past due insurance premiums; $30 in past due garbage fees; and all past due taxes, interest, and penalties on the marital home. Donna also received the $500 that was held in her attorney’s trust account. The chancellor conducted a thorough analysis of the Ferguson factors and concluded that an equal award of the marital property was not warranted. The chancellor was correct to consider Donna’s affair. Marital misconduct is a proper factor for a chancellor to consider when equitably distributing marital assets when the misconduct places a burden on the stability and harmony of the marital and family relationship. The record reflects that Donna’s ongoing affair placed a tremendous burden on the marriage and ultimately resulted in her leaving Stephen. Accordingly, there is no error with the chancellor’s decision to place great emphasis on the affair. The chancellor’s application of the Ferguson factors and subsequent equitable division of the marital property was supported by substantial evidence and was not the result of manifest error. |
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