Stantchev v. Stantcheva
Stantchev v. Stantcheva
Opinion of the Court
Stanimir Stantchev (Former Husband) appeals the Final Judgment dissolving his marriage to Dyiana Stantcheva (Former Wife). The parties are from Bulgaria and we note that their last names differ according to Bulgarian custom. Former Husband argues that the trial court erred 1) by granting Former Wife $5,300 per month in permanent alimony because that figure was not based on actual need and 2) by unfairly dividing the parties’ assets.
As to the alimony issue, we affirm without further discussion. Regarding the equitable distribution ordered by the trial court, there are three errors that were made that need to be corrected on remand.
First, Former Husband argues that the distribution scheme should be revised to exclude a CCB AD account in the amount of $23,660 from inclusion as a marital asset. Former Wife concedes that this is a non-marital asset belonging to Former Husband and that it should not have been included as a marital asset. We agree and on remand, the trial court shall revise the distribution scheme by deleting this account as a marital asset.
Second, Former Husband, just weeks before Former Wife filed for divorce, transferred $100,000 to a Bulgarian bank. Upon converting dollars to Bulgarian .leva, the account became worth ap
Third, Former Husband testified that Former Wife had used $4,000 (actually $3,958) in marital funds to make an initial payment to her attorney. He had discovered that amount was removed from a marital account about two months prior to the date Former Wife filed for the dissolution. He argues it is appropriate to credit him for one-half of that amount. We agree. Former Wife used marital funds for the down payment for her attorney’s fees, making it at a time the parties were still living together. After they separated, the temporary support began. Temporary support was specifically designed to include Former Wife’s fees. Given the distribution of almost one-half of a million dollars to each party, each party had the ability to pay his or her own fees. On remand, Former Husband’s request for a credit of one-half of the $3,958 amount should be incorporated in the revised equitable distribution plan.
Accordingly, we reverse that part of the Final Judgment regarding the equitable distribution plan and remand this case so the trial court can amend the distribution plan as follows: 1) remove $23,660 of improperly included nonmarital assets of Former Husband; 2) require Former Wife to bear one-half of the loss of $8,985 stemming from the conversion of $100,000 USD to Bulgarian leva; and 3) credit Former Husband with one-half of the $3,958 in marital funds used by Former Wife as down payment for attorney’s fees. In all other respects, the judgment under review is affirmed.
AFFIRMED in part; REVERSED in part; REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.