Sunday, December 8, 2013

Rosenberg v. Rosenberg case brief

Rosenberg v. Rosenberg case brief summary
497 A.2d 485 (1985)


CASE SYNOPSIS
Appellee wife filed a bill of complaint for divorce against appellant husband. The Circuit Court for Baltimore City (Maryland) granted the wife a monetary award, alimony, and attorney's fees. Pursuant the husband's motion, the lower court stayed the enforcement of the monetary award upon his filing a supersedeas bond. The lower court ordered the husband to pay the wife's litigation expenses. The husband appealed.

CASE FACTS
During the marriage the husband had made a loan to a woman friend and attempted to conceal the transaction. In cataloguing the assets of the parties, the lower court included in the marital property the interest-free promissory note to the woman, the interest foregone thereon, and the amount of various cash advances to the woman. It determined that four of the five retirement plans constituted marital property for purposes of making a monetary award pursuant to Md. Code Ann., Cts. & Jud. Proc. § 3-6A-05.

DISCUSSION

  • The court affirmed the judgment in part and remanded it in part. 
  • The loans and cash advances to the woman as well as the interest thereon were marital property. 
  • The lower court correctly calculated the valuation of the husband's pension and retirement accounts as well as his trust interests. 
  • The case was remanded for the lower court to consider the awards of fees and costs made to the wife in determining the economic circumstances of each party at the time that monetary award was to be made in accordance with § 3-6-A-05(b)(3). 
  • The case was remanded for consideration of the monetary award and method of payment in light of the husband's ability to pay, borrow, and repay.

CONCLUSION
The court affirmed the judgment in part and remanded it in part for consideration of the awards of fees and of costs in determining the economic circumstances of each party; consideration of the monetary award and the income the wife would accrue from it, her other income, and/or the evidence of need of the wife in awarding alimony to her; and consideration of the monetary award in light of the husband's ability to pay or borrow money.

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