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Matter of Marriage of Hemrick and Hummel, Not Reported in Pac. Rptr., 10 Wash.App.2d 1016, 2019 WL 4418722

Facts

Todd Hemrick and LaMonica Hummel married in 2003 and separated in 2016. They had a prenuptial agreement that outlined their financial conditions prior to marriage. During the marriage, they incurred significant community debt, primarily in Hummel's name, while Hemrick contributed little to debt repayment. The trial court found the prenuptial agreement valid and awarded Hummel her separate property, including a BMW, and ordered Hemrick to pay her $55,000 as per the promissory note referenced in the agreement.

Prior to their wedding, Hemrick and Hummel entered into a prenuptial agreement. The exhibits attached to the agreement illustrate the financial condition of each of the parties prior to their marriage. Hummel owned a home valued at approximately $500,000, with a mortgage of $264,000. In addition, she had assets in savings, investment, and 401 (K) accounts totaling about $400,000. Hemrick had less than $100 in a checking account and owned a car valued at approximately $15,000.

Issue

Did the trial court abuse its discretion in awarding spousal support, the BMW automobile, and ordering repayment of the $55,000 promissory note to Hummel?

Did the trial court abuse its discretion in awarding spousal support to Hummel because she does not need it and he cannot afford to pay it?

Rule

In a dissolution action, the trial court must order a just and equitable distribution of the parties' property and liabilities, considering all relevant factors, and has broad discretion in making these determinations.

In a dissolution action, the trial court must order a just and equitable distribution of the parties' property and liabilities, after considering all the relevant factors. RCW 26.09.080; In re Marriage of Rockwell, 141 Wn. App. 235, 242, 170 P.3d 572 (2007).

Analysis

The court applied the rule by examining the financial circumstances of both parties, the validity of the prenuptial agreement, and the community debt incurred during the marriage. It found that awarding spousal maintenance was necessary to achieve a fair division of the community debt and that the BMW was awarded to Hummel based on her financial responsibility for the vehicle and Hemrick's impaired driving status. The court also determined that Hemrick's arguments against the repayment of the promissory note were unfounded as the note was incorporated in the prenuptial agreement.

The court found that $150,000 represented the marital debt that should be divided between the parties evenly, and after crediting Hemrick $2,000 for the riding lawn mower, held him accountable for $73,000. In awarding maintenance of $1,000 per month for 73 months, the court concluded: Though full disentanglement would be preferable, spousal support is a flexible tool which enables the court to make just and equitable financial orders for the parties post-divorce.

Conclusion

The court affirmed the trial court's decisions, concluding that there was no abuse of discretion in the awards and orders made regarding spousal support, the BMW, and the promissory note repayment.

The court did not abuse its discretion in awarding maintenance to Hummel.

Who won?

LaMonica Hummel prevailed in the case as the court upheld the trial court's decisions in her favor regarding spousal support, the BMW, and the repayment of the promissory note.

Hummel was awarded $45,568 in attorney fees, which represented the amount of fees incurred up to the trial date. The court did not award fees Hummel incurred during trial or during posttrial motions.

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