In Re Marriage of Sivyer-Foley & Foley

Linda Sivyer-Foley appeals the judgment in this marital dissolution action awarding respondent Martin J. Foley partnership distributions from his law practice and allocating property and debts among the parties. The principal issue on appeal is whether the court erred in awarding Martin as his separate property his share of partnership profits for the year in which the parties separated because the profits were not distributed until the following calendar year, after the parties’ separation. Martin protectively cross-appeals, asking us to review the court’s findings on support, reimbursement and taxes in the event we reverse the characterization of such law firm profits. We find the trial court erred in finding that all of Martin’s partnership profits were his separate property, and reverse for a redetermination of the trial court’s findings and orders that were based upon this conclusion.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Martin and Linda were married March 21, 1986. At the time, Martin was employed at the law firm of Bryan, Cave & McRoberts as a senior partner. Linda worked at TWA (Trans World Airlines), and after retiring from TWA, became a housewife. On…