Goudreault v. Goudreault

5 Citing cases

  1. Henderson v. Henderson

    435 A.2d 133 (N.H. 1981)   Cited 11 times

    [1, 2] The trial court in domestic relations cases has been given broad discretion in determining questions relating to the division of property between the two parties. Goudreault v. Goudreault, 120 N.H. 140, 140, 412 A.2d 736, 736 (1980); Grandmaison v. Grandmaison, 119 N.H. 268, 270, 401 A.2d 1058-59 (1979); Hunneyman v. Hunneyman, 118 N.H. 652, 652-53, 392 A.2d 147, 148 (1978); Azzi v. Azzi, 118 N.H. 653, 655, 392 A.2d 148, 149 (1978). The party on appeal in marital matters must show a clear abuse of discretion by the trial court, Goudreault v. Goudreault supra, 412 A.2d at 736, or that the orders of the trial court were "improper and unfair."

  2. Lawlor v. Lawlor

    459 A.2d 238 (N.H. 1983)   Cited 10 times
    In Lawlor v. Lawlor, 123 N.H. 163, 459 A.2d 238 (1983), we affirmed the inclusion as a marital asset of a vested but unrealized inheritance. It would fly in the face of such reasoning to hold now that an inheritance already realized and acquired, and one relied upon, in part, from time to time to support the marital household, was not an asset to be considered under the equitable powers of the court in the division of marital property, within the confines of the sound exercise of discretion.

    The defendant next asserts that the master abused her discretion in awarding the plaintiff three-quarters of the sale proceeds from the family residence and sixty dollars a week alimony. A master has broad discretion in awarding alimony and distributing marital property, which will not be disturbed absent a showing of abuse of that discretion. Goudreault v. Goudreault, 120 N.H. 140, 140, 412 A.2d 736, 736 (1980); see Perron v. Perron, 122 N.H. 855, 856, 451 A.2d 1282, 1283 (1982); Murano v. Murano, 122 N.H. at 227, 442 A.2d at 599. In this case, the evidence supported the master's finding that the plaintiff's employment opportunities were minimal because of her age of sixty-five and lack of teacher certification.

  3. MacDonald v. MacDonald

    443 A.2d 1017 (N.H. 1982)   Cited 14 times

    " The master's discretion "in this area is broad and we will not substitute our judgment for that of the master or trial court." Buckner v. Buckner, 120 N.H. 402, 404, 415 A.2d 871, 873 (1980); see Goudreault v. Goudreault, 120 N.H. 140, 140, 412 A.2d 736, 736 (1980). [6, 7] The rationale behind the master's order is found in one of the plaintiff's requests for findings and rulings, which the court granted in its final decree: "[I]n order to provide the plaintiff with reasonable security for her future, to which she is entitled, and in order to provide a financial balance for defendant's pension and profit sharing assets, the Court finds that justice would be served by awarding the real estate of the parties outright to the plaintiff, subject to the existing mortgage thereon, free of all claims of the defendant."

  4. Heinze v. Heinze

    122 N.H. 358 (N.H. 1982)   Cited 18 times
    Affirming use of automatic escalation clause where obligor can seek modification of the order

    Next, the defendant argues that the master's division of property, including the award of a business to the plaintiff, constituted an abuse of discretion. See Henderson v. Henderson, 121 N.H. 807, 809, 435 A.2d 133, 135 (1981); Goudreault v. Goudreault, 120 N.H. 140, 140, 412 A.2d 736, 736 (1980). Upon a review of the record, we disagree.

  5. Hanson v. Hanson

    433 A.2d 1310 (N.H. 1981)   Cited 12 times

    The plaintiff waived the submission of a brief and oral argument. It is well established that this court will not set aside a marital master's determination in the absence of a showing of an abuse of discretion. Goudreault v. Goudreault, 120 N.H. 140, 140, 412 A.2d 736, 736 (1980); Starkeson v. Starkeson, 119 N.H. 78, 80-81, 397 A.2d 1043, 1045 (1979). In this case, we find such an abuse in the master's property award.