In re Marriage of Schlichting

Court entered judgment of dissolution of marriage, and awarded husband all of wife's membership interest in LLC (which owned a quarry), deeming interest to be marital property, but ordered him to pay wife $19,500 in exchange. Court's order conflicted with terms of operating agreement which specified valuation process in event of divorce and allowed for nonmember spouse to contest valuation during divorce. Court abused its discretion in ordering property distribution that would require wife to violate terms of operating agreement where could could have easily and equitably avoided doing so. Appellate court vacates portion of order awarding wife's membership interest in LLC to husband, and directs wife to pay husband $10,500 for his claim to interest as marital property, as valuation by LLC's accountant was based on facts and established methodology and was subject to cross-examination. (SCHOSTOK and BIRKETT, concurring.)