Don J. Simplot v. Sharidon Lee Simplot

This action arises out of a judgment and decree of divorce. The plaintiff-respondent, Don J. Simplot, and the defendant-appellant, Sharidon Lee Simplot, were married on June 28, 1953. Since 1953, the respondent has been employed by J. R. Simplot Company and its various subsidiaries and the appellant has maintained the family household. The respondent instituted a divorce action on the ground of extreme cruelty and on November 19, 1971, the district court entered a judgment and decree of divorce which was amended on February 23, 1972. The appellant appeals from the amended judgment and decree of divorce and the supporting findings of fact and Conclusions of law to this Court. The appellant's assignments of error deal with the trial court's classification and award of specific property and the adequacy of alimony and child support. The appellant contends that the trial court erred in not classifying as community property the respondent's proportionate share of J. R. Simplot Company's retained earnings that were accumulated during the marriage. At the time of the marriage, the respondent owned 610 shares out of a total of 2,262.2395 outstanding shares of Apex Corporation. There has been no change during the marriage in the respondent's holdings in Apex. Apex has no functions other than to hold 22,622.395 shares of J. R. Simplot Company, Class B stock. The ownership of J. R. Simplot Company is made up of 76.445 Class A shares and 72,545.950 Class B shares. The respondent's ownership of J. R. Simplot Company through his shares of Apex constitutes 8.4% of the total ownership of J. R. Simplot Company. The total retained earnings of J. R. Simplot Company at the date of the marriage was $6,171,098 making the respondents' proportionate share (8.4%) amount to $235,269. As of July 31, 1971, the retained earnings of J. R. Simplot company had grown to $44,230,790, and the respondent's proportionate share had increased to $4,039,480. During the marriage the respondent's proportionate share of retained earnings had increased 88% or $3,789,090.