Decastro v. Decastro

616 N.E.2d 52 (1993)

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Nature of the Case

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Facts

H and W were married in 1963. W was a school teacher and H worked for DEC. In 1968, H with four others formed a new company called Data General Corporation. H contributed $15,000 from a joint savings account to help start the company. Three children were born and W remained at home caring for the children and H. Data General was successful; they lived quite well. In 1980, H became involved with another woman and left the marital home. H still visited and H and W even had sex. After H left, W began to work as a librarian. W contributed all of her salary to the maintenance of herself and her children. H continued to pay expenses of the households. As of the date of the parties’ separation; H owned 315,320 shares of Data General. After further financial dealings, eventually, in 1991, H owned 847,306 shares of Data General and an option to purchase another 50,000 shares at below market value. The judge considered the W's contribution and found that she was 90% responsible for raising the children. The trial judge split the stock between H and W and H appealed.