Slorby v. Slorby

MARING, Justice,

dissenting.

[¶ 16] I respectfully dissent. I would affirm the district court’s order denying Tom Slorby’s motion to abate the spousal support.

[¶ 17] When a divorce stipulation has been incorporated into a judgment, this Court is concerned with the interpretation and enforcement of the judgment, not the underlying contract. Lee v. Lee, 2005 ND 129, ¶ 6, 699 N.W.2d 842. “Interpretation of a judgment is a question of law, and an unambiguous judgment may not be modified, enlarged, restricted, or diminished.” Dakutak v. Dakutak, 1997 ND 76, ¶ 6, 562 N.W.2d 750. However, if the judgment is ambiguous, the district court may clarify the judgment. Anderson v. Anderson, 522 N.W.2d 476, 478 (N.D.1994). Our Court has said that if the judgment is ambiguous and the clarification has been provided by the same district court that ordered entry of the original judgment, we will afford such a clarification considerable deference. Id. at 478-79. “On the other hand, when one court interprets the decree of another court, the interpreting court is in no better position than we are to determine the original judge’s intentions should the decree contain ambiguities. This Court reviews such interpretations de novo.” Id. (citing Sullivan v. Quist, 506 N.W.2d 394, 401 (N.D.1993)).

[¶ 18] In Sullivan v. Quist, we set forth the general guidelines for the interpretation of judgments:

“The legal operation and effect of a judgment must be ascertained by a construction and interpretation of its terms, and this presents a question of law for the court. If the language used in a judgment is ambiguous there is room for construction, but if the language employed is plain and unambiguous there is no room for construction or interpretation, and the effect thereof must be declared in the light of the literal meaning of the language used.”

*95506 N.W.2d at 401 (quoting Henry S. Grinde Corp. v. Klindworth, 77 N.D. 597, 44 N.W.2d 417, 427-28 (1950) (On Petition for Rehearing) (emphasis added)). “[W]hether a judgment is ambiguous is a question of law for the court to decide.” Dakutak, 1997 ND 76, ¶ 6, 562 N.W.2d 750. A judgment is ambiguous if it is capable of more than one rational interpretation. Id.

[¶ 19] In the present case, the district court construed the second amended judgment as unambiguous. Tom Slorby also takes the position that the second amended judgment is unambiguous. Although the district court improperly applied a contract analysis to the stipulation, I am of the opinion it nevertheless reached the correct result in concluding the second amended judgment required Tom Slorby to continue to pay Maureen Slorby spousal support until January 1, 2011. We have held that where the district court improperly applied a contract analysis to a stipulation when it should have applied the rules for interpretation of judgments, this Court will not set aside a correct result merely because the district court assigned an incorrect reason, if the result is the same under the correct law and reasoning. Botner v. Botner, 545 N.W.2d 188, 190 (N.D.1996).

[¶ 20] I am of the opinion that the second amended judgment is not ambiguous. The relevant judgment language is contained in the second amended judgment:

The $2,000.00 per month payment shall continue until the plaintiffs death, remarriage, until she co-habits with a male adult not related to her or until she is eligible to receive Social Security benefits, but in no event beyond January 1, 2011 whichever occurs soonest.

The meaning of “eligible” to receive social security benefits is the crux of the analysis of this language. The plain meaning of the word “eligible” is “qualified to participate or be chosen: ENTITLED.” • Merriam-Webster’s Collegiate Dictionary 404 (11th ed. 2005) (ENTITLED is a synonymous cross-reference). The complete definition of “eligible” in Black’s Law Dictionary 559 (8th ed.2004) (emphasis added), is “Fit and proper to be selected or to receive a benefit; legally qualified for an office, privilege, or status.” “Entitle” is defined as: “1. To grant a legal right to or qualify for.” Black’s Law Dictionary 573 (8th ed.2004)

[¶ 21] In order to be legally qualified for social security retirement benefits, Maureen Slorby had to be entitled to receive social security benefits. The plain meaning of “eligible” is “entitled” in this context. The Social Security Act, 42 U.S.C. § 402(a) (emphasis added), states in relevant part:

Every individual who—
(1) is' a fully insured individual (as defined in section 414(a) of this title),
(2) has attained age 62, and
(3) has filed application for old-age insurance benefits ... shall be entitled to an old-age insurance benefit for each month, beginning with—

The Court of Appeals for the First Circuit has held:

This statutory language prescribes three prerequisites to entitlement to bene- . fits — that the applicant is a fully insured individual, that the applicant has attained retirement age, and that the ap- . plicant has filed an application for benefits. It plainly fixes the time when an applicant becomes entitled to benefits as the first month in which all three conditions, including the filing of an application, are met.

Clark v. Celebrezze, 344 F.2d 479, 481 (1st Cir.1965) (emphasis added). Maureen Slorby has not met the statutory require*96ments for entitlement to social security retirement benefits because she has not filed an application for benefits.

[¶ 22] The majority opinion completely ignores the third criterion of the law. “The Social Security Act, 42 U.S.C. § 402(a), makes the filing of an application a substantive condition precedent to entitlement to benefits.” Clark, 344 F.2d at 481. The majority concludes Maureen Slorby is eligible because she meets the first two criteria of the Social Security Act. The conclusion is not based on the plain, literal meaning of “eligible” or on the law.

[¶ 23] Furthermore, a judgment should be construed to give effect to each and every part of it and to bring all the different parts into harmony if this can be done by fair and reasonable interpretation. Dakutak, 1997 ND 76, ¶ 11, 562 N.W.2d 750. The language of the second amended judgment lists several events any one of which would cause the spousal support to end if it occurs before January 1, 2011. Maureen Slorby was born on January 15, 1946. Therefore, during the month of January 2011, she will turn sixty-five years of age. Judgments generally provide that spousal support ends on death or remarriage. See Roen v. Roen, 438 N.W.2d 170, 173 (N.D. 1989) (“A trial court will act to terminate unlimited spousal support upon death or remarriage of the supported spouse unless there are extraordinary circumstances which justify its continuance.”). The reason for the spousal support to end on these events is that the spouse receiving support typically no longer needs the support because she is receiving support from a new husband or is deceased. See Principles of the Law of Family Dissolution: Analysis and Recommendations § 5.07 (explaining that spousal support may be terminated upon the recipient spouse’s remarriage because support is no longer needed).

[¶ 24] In the present ease, all of the events that would trigger the end of spousal support would mean income or support coming in from another source, i.e., new husband or significant other or retirement benefits. Clearly, if Maureen -Slorby applies for social security retirement benefits before she turns sixty-five, she will not be entitled to spousal support any longer under the second amended judgment. This interpretation gives meaning to the phrase in the second amended judgment “but in no event beyond January 1, 2011 whichever occurs soonest.” Construing the second amended judgment to require Maureen Slorby to be entitled to benefits under the Social Security Act is consistent with the other terms of the second amended judgment regarding ending spousal support. The majority argues that to hold that Maureen Slorby must apply for benefits in order for the spousal support to end “would allow Maureen Slorby to dictate when Tom Slorb/s spousal support obligation would cease.” Maureen Slorby already has some control over when her spousal support ends. Other than her death, she controls all other events such as whether she remarries or lives with an adult male not related to her. It is contrary to the second amended judgment to interpret it such that Tom Slorby can force Maureen Slorby to either apply for early benefits and take a significantly reduced benefit or to forgo both benefits and spousal support altogether until she reaches “retirement age” under the Social Security Act.

[¶ 25] I am unable to discern from the majority opinion why it is not a rational interpretation of “eligible” to require proof Maureen Slorby is entitled to social security retirement benefits in order to end her spousal support. Therefore, I would affirm the district court’s order denying the motion to end the spousal support.

*97[¶ 26] Finally, if both my interpretation and the majority’s interpretation of the plain language of the second amended judgment are rational, then the language is ambiguous and the case should be remanded to the district court for it to consider extrinsic evidence and interpret the second amended judgment. See Sullivan v. Quist, 506 N.W.2d 394 (N.D.1993); Anderson v. Anderson, 522 N.W.2d 476 (N.D.1994).

[¶ 27] MARY MUEHLEN MARING, J.