IN RE THE MARRIAGE OF: GREGORY A. JACKSON, Petitioner and Appellant,
CATHRYN J. (KIT) JACKSON, Respondent and Appellee.
Submitted on Briefs: February 8, 2017
FROM: District Court of the Fourth Judicial District, In and
For the County of Missoula, Cause No. DR-09-624 Honorable Ed
McLean, Presiding Judge
Appellant: Michael Sol, Terry L. Wolfe, Sol & Wolfe Law
Firm, PLLP, Missoula, Montana.
Appellee: David B. Cotner, Datsopoulos, MacDonald & Lind,
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court
Internal Operating Rules, this case is decided by memorandum
opinion and shall not be cited and does not serve as
precedent. Its case title, cause number, and disposition
shall be included in this Court's quarterly list of
noncitable cases published in the Pacific Reporter and
Gregory Jackson (Greg) appeals the District Court's
Findings of Fact and Conclusions of Law regarding the
distribution of marital property arising from the dissolution
of his marriage to Cathryn Jackson (Kit). Greg raises four
issues on appeal that we restate as follows:
1. Whether the District Court erred when it divided the
marital estate pursuant to § 40-4-202, MCA.
2. Whether the District Court abused its discretion when
it rejected the Standing Master's Findings and
Conclusions regarding the valuations of businesses included
in the marital estate.
3. Whether the District Court erred by including
Greg's premarital property in its analysis of the marital
estate pursuant to § 40-4-202, MCA.
4. Whether the District Court erred in rejecting joint
tax returns as dispositive evidence of ownership percentages
in its analysis of the marital estate pursuant to §
We affirm the District Court's Findings of Fact,
Conclusions of Law, and Decree of Dissolution.
Greg and Kit married December 31, 1991, in Helena, Montana,
when they were 47 and 38, respectively. On the day the
dissolution was entered, Kit was 62 and Greg was 71. Kit was
in good health, but Greg's had deteriorated somewhat.
This was a second marriage for both Greg and Kit and no
children came from it. Neither Kit nor Greg had many assets
when they married, but neither did they have many debts.
Notably, Greg had recently retired from the State of Montana,
and so brought his PERS retirement fund into the marriage.
After they married, he added Kit to his health insurance
policy as she was finishing school at Carroll College and he
was working for a company in Washington.
Once she graduated in 1992, Kit worked a variety of jobs in
the healthcare field, with varying degrees of success. Her
experiences included time as an EMT, cardiac charge nurse,
and working in pediatric oncology and in a neo-natal IC U.She
also worked in home health and multiple hospice businesses.
Meanwhile, from 1990-1995, Greg worked full-time for Ritter
Construction. Greg and Kit both earned about $40, 000 per
year at this time. In 1995, Kit received a job offer in Utah,
a state where Greg had no employment opportunities.
Nevertheless, he agreed to move with her and he eventually
found work. While he worked there as a ...