Laing v. Laing

741 P.2d 649, 8 Employee Benefits Cas. (BNA) 2542, 1987 Alas. LEXIS 291
CourtAlaska Supreme Court
DecidedAugust 21, 1987
DocketS-1357
StatusPublished
Cited by77 cases

This text of 741 P.2d 649 (Laing v. Laing) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Laing v. Laing, 741 P.2d 649, 8 Employee Benefits Cas. (BNA) 2542, 1987 Alas. LEXIS 291 (Ala. 1987).

Opinions

OPINION

COMPTON, Justice.

This appeal challenges a marital property division. The husband challenges generally the trial court’s finding that the wife was entitled to more than fifty percent of the marital assets. He also contests the court’s allocation of certain assets and credits. We affirm the trial court’s findings and conclusions except with regard to its disposition of the husband’s nonvested pension, which we conclude cannot be presently divided. We remand the case with instructions that the trial court redetermine the property division in a manner consistent with this opinion.

I. FACTUAL AND PROCEDURAL BACKGROUND

Kenneth and Marla Laing were married on November 16,1964. At the time of the [651]*651marriage, Marla lived in her own furnished home, the equity in which was approximately $15,000. She also had benefits from her first husband’s death which amounted to approximately $10,000 and a two-year old car worth approximately $500. Throughout their twenty-year marriage, Marla was responsible for most of the housework and child care, even during approximately ten years she was employed outside the home.

Kenneth apparently had no substantial assets at the time of the marriage. He was employed all but a few months during the marriage.

At the time of divorce, Marla was 49 years old and employed as a dental office receptionist/clerk. She earned $18,750 gross income the year before trial. Kenneth was 50 years old and had been employed at Union Chemicals (now UNOCAL) for seven and a half years. The trial court found that he had earned approximately $40,000 by August 1985; his income in 1984 was $61,471.43.

The parties stipulated to the value of most of the marital assets. The only items in dispute were certain household goods not at issue in this appeal.

Marla presented evidence that she suffered from arthritis in both hands, which interfered with her work. She also presented some evidence that she might have multiple sclerosis (MS). She called an internist who testified as to general symptoms of, prognosis for and difficulties in diagnosing patients with MS, but he had not examined Marla and offered no opinion about her condition. Marla did, however, testify to having many of-the symptoms associated with MS.

After applying the Merrill1 factors, the trial court awarded $221,444 of the parties’ assets to Marla and $158,733 to Kenneth. The trial court also ordered Kenneth to make payments for almost two years on the real property awarded to Marla. Kenneth challenges this award on the ground that it was an improper disguised alimony award.2

II. DISCUSSION

A. Standard of Review.

AS 25.24.160(a)(4) grants the trial court broad discretion in fashioning a property division in divorce actions. The statute empowers the trial court to divide all property acquired during the marriage and to invade separate property of either spouse if a balancing of the equities so requires.3 This court will not disturb a division made within the parameters of the statute unless it is clearly unjust. Burcell v. Burcell, 713 P.2d 802, 804 (Alaska 1986); Wanberg v. Wanberg, 664 P.2d 568, 570 (Alaska 1983).

On the other hand, whether the trial court applied the appropriate legal standards in exercising its broad discretion is a question of law regarding which this court may substitute its independent judgment on appeal. Wanberg, 664 P.2d at 570. We have established a three-stage procedure to be followed by a trial court in fashioning a property division. The trial court must [652]*652first determine what property is available for division. It must then determine the value of that property. Finally, it must determine how most equitably to divide that property. Id. In making this determination, the trial court should consider, though not necessarily exclusively or exhaustively, the factors set out in Merrill v. Merrill, 368 P.2d 546, 547 n. 4 (Alaska 1962). See also Brooks v. Brooks, 677 P.2d 1230, 1233 (Alaska 1984).

With the exception of Kenneth’s retirement plan, the parties in this case stipulated to the characterization of the divided assets as marital property. The parties also stipulated to the value of most of these assets. The trial court recognized the stipulation and determined the value of all assets on which the parties were unable to agree. As will be discussed in more detail below, the trial court then made findings in accordance with the Merrill factors. The trial court applied the proper general legal standards, leaving only four questions for this court’s review: 1) did the trial court abuse its broad discretion in awarding Marla a greater share of the marital assets?; 2) did the court improperly credit Marla for contribution to the marriage of premarriage assets?; 3) did the court err in ordering Kenneth to make loan payments on real property awarded to Marla?; and 4) did the court err in its division of Kenneth’s nonvested retirement plan?

B. Disparate Disposition of Marital Assets.

The principal factors to be weighed by the trial court in making a property division are:

(1) the ages of the parties;
(2) their earning capacity;
(3) the duration of the marriage;
(4) the conduct of the parties during marriage;
(5) the parties’ “station in life;”
(6) the circumstances and necessities of each;
(7) their health;
(8) their financial condition;
(9) the time and manner of acquisition of the property in question;
(10) the value of the property at the time of division; and
(11) the income-producing capacity of the property.

Merrill, 368 P.2d at 547 n. 4; Brooks, 677 P.2d at 1233. This list is not exhaustive and the trial court may consider other factors it deems relevant. Brooks, 677 P.2d at 1233. Nor must the court make findings on all of the Merrill factors. Burcell, 713 P.2d at 805. The findings must, however, provide a sufficient basis for the conclusion reached. Brooks, 677 P.2d at 1233.

The trial court awarded Marla approximately 58.25% of the equity in the marital assets. It found this division to be equitable based on Marla’s “medical problems, the fact [that] the marriage lasted over 20 years, the comfortable standard of living achieved by the parties, the fact that the wife is now 49 years old and the fact that the husband’s earning capabilities are substantially greater than the wife’s.” The court thus made express findings on factors 1, 2, 3, 5, 7, 8 and 10 listed above.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Veronica Louise Hudson v. Daniel Lee Hudson
532 P.3d 272 (Alaska Supreme Court, 2023)
Gordon v. Gordon
425 P.3d 142 (Alaska Supreme Court, 2018)
Horning v. Horning
389 P.3d 61 (Alaska Supreme Court, 2017)
Smith v. Henley
65 V.I. 179 (Superior Court of The Virgin Islands, 2016)
Dundas v. Dundas
362 P.3d 468 (Alaska Supreme Court, 2015)
Jeremy Novak v. Laura Novak
Alaska Supreme Court, 2015
Engstrom v. Engstrom
350 P.3d 766 (Alaska Supreme Court, 2015)
Young v. Kelly
334 P.3d 153 (Alaska Supreme Court, 2014)
Schaub v. Schaub
305 P.3d 337 (Alaska Supreme Court, 2013)
Beals v. Beals
303 P.3d 453 (Alaska Supreme Court, 2013)
Michael C. Hughes v. Dora J. Hughes
Alaska Supreme Court, 2013
Ethelbah v. Walker
225 P.3d 1082 (Alaska Supreme Court, 2010)
Young v. Lowery
221 P.3d 1006 (Alaska Supreme Court, 2009)
Mellard v. Mellard
168 P.3d 483 (Alaska Supreme Court, 2007)
Morgan v. Morgan
143 P.3d 975 (Alaska Supreme Court, 2006)
Tanghe v. Tanghe
115 P.3d 567 (Alaska Supreme Court, 2005)
Silvan v. Alcina
105 P.3d 117 (Alaska Supreme Court, 2005)
Conner v. Conner
68 P.3d 1232 (Alaska Supreme Court, 2003)
Williams v. Crawford
47 P.3d 1077 (Alaska Supreme Court, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
741 P.2d 649, 8 Employee Benefits Cas. (BNA) 2542, 1987 Alas. LEXIS 291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laing-v-laing-alaska-1987.