Kellie Sullivan v. Timothy Sullivan

Syllabus

The defendant, Timothy Sullivan, appealed from a decision pending entry of final judgment terminating his marriage to the plaintiff, Kellie Sullivan, on the grounds of irreconcilable differences. On appeal, the defendant first argued that the trial justice erred in his findings regarding (1) the parties' respective contributions to the marriage (2) the plaintiff's contribution to the defendant's acquisition of his MBA (3) the defendant's credit-card debt and (4) the defendant's earning capacity. The defendant next asserted that the trial justice erred in handling the debts owed to defendant's parents. The defendant additionally argued that the trial justice erred in failing to accord him any of the appreciation during the marriage of plaintiff's premarital accounts. Finally, the defendant claimed that the trial justice erred in preventing him from exploring the plaintiff's dissipation of marital assets. The Supreme Court first held that the trial justice did not err, nor was he otherwise clearly wrong, in making his factual findings. The Supreme Court next held that the trial justice did not err in his determinations regarding the debt owed to the defendant's parents. Additionally, the Supreme Court held that the trial justice acted within his discretion in not assigning the defendant any of the marital appreciation of the plaintiff's premarital accounts. Finally, the Supreme Court held that the defendant failed to point to any specific ruling by the trial justice related to the dissipation of the marital assets that he challenged by way of objection or to questions he was prevented from asking the plaintiff in the Family Court and, as such, the trial justice did not err. Accordingly, the Supreme Court affirmed the decision pending entry of final judgment of the Family Court.