Metz v. Metz

61 P.3d 383 (2003)

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Nature of the Case

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Facts

After thirty-three years of marriage, W filed for a divorce from H. Both H and W were in their late fifties. H was a neurosurgeon who retired from his practice in July 1999 due to a medical disability relating to his knee and cervical vertebrae. W primarily stayed home with the couple's two children during the marriage. She also managed the family finances throughout the marriage. At the time of the divorce, neither party was, nor did they expect in the future to be, employed full time. H estimated the value of the couple's assets at approximately $3,000,000, consisting of a residence in Casper; a vacation home in Teton County; various investment, retirement, and bank accounts; future disability insurance benefits; and numerous items of personal property. The payments from a disability insurance policy which H began receiving after closing his medical practice were at issue. H applied for the policy in 1986, and the premiums were paid out of family funds. H began receiving payments after his retirement in 1999. Prior to his receipt of the first payment, the parties had separated. At the time of the divorce, H had received $ 189,000 from the policy and expected to receive an additional $6,500 per month until he reached the age of sixty-five. None of the disability benefits received up to the time of the divorce had been shared with W. The trial court entered findings of fact, conclusions of law, and a decree granting the divorce and dividing the property as evenly as possible between the parties. W was awarded the sum of $2112.50 per month or one half of the monthly disability payments received by H, whichever is greater, as a division of property and the sum of $75,000.00 to compensate W for past disability payments received by H during the separation and not shared. H appealed.