Kittredge v. Kittredge
Massachusetts Supreme Court
803 N.E.2d 306 (2004)
- Written by Meredith Hamilton Alley, JD
Facts
Elizabeth Kittredge (plaintiff) and Sidney Kittredge (defendant) married in 1967 and had three children. Sidney provided a high standard of living for his family but heavily indulged in illegal gambling throughout the marriage. Elizabeth filed for divorce in 1991. There were no records of Sidney’s gambling losses, but for the 10 years preceding the divorce, Elizabeth’s expert estimated a net loss of about $708,000 and Sidney’s expert estimated a net loss of about $297,000. Finding Sidney’s estimate somewhat more credible, the court found that Sidney’s net loss was $400,000 and, without explanation, found that only $40,000 of the loss should be characterized as “waste.” The division of the very large marital estate required Sidney to transfer $40,000 to Elizabeth in recompense for the wasted money. Elizabeth appealed directly to the Massachusetts Supreme Court, arguing that because gambling was illegal, Sidney’s entire net loss should have been treated as dissipation of marital assets.
Rule of Law
Issue
Holding and Reasoning (Sosman, J.)
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