Maslen v. Maslen

822 P.2d 982, 121 Idaho 85, 14 Employee Benefits Cas. (BNA) 2105, 1991 Ida. LEXIS 179
CourtIdaho Supreme Court
DecidedDecember 3, 1991
Docket18734
StatusPublished
Cited by23 cases

This text of 822 P.2d 982 (Maslen v. Maslen) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maslen v. Maslen, 822 P.2d 982, 121 Idaho 85, 14 Employee Benefits Cas. (BNA) 2105, 1991 Ida. LEXIS 179 (Idaho 1991).

Opinions

BOYLE, Justice.

In this appeal from the magistrate’s decision in a divorce action, we are called upon to determine whether it was error for the magistrate to award a portion of the husband-appellant’s pension benefits to the wife-respondent. We must also determine whether the magistrate erred by not making a lump sum distribution of the non-[87]*87employee spouse’s interest in the pension benefits, and whether the community interest was calculated in a proper manner.

The appellant, Holbrook Maslen, is an airline pilot for United Airlines. Mr. Maslen and the respondent, Eileen Maslen, were married on January 19, 1985. On March 6, 1985, Mr. Maslen filed for divorce in the state of Nevada, and thereafter on August 21, 1985, Mrs. Maslen filed for divorce in Blaine County, Idaho, where the divorce was finally granted on September 8, 1987.

The magistrate found that the only community assets were two pension plans with Mr. Maslen’s employer, United Airlines. The community debts were divided equally and the magistrate ruled that all separate property of the parties remained separate property during the course of the marriage.

The first of the two pension plans is a “fixed benefit” plan (hereinafter “FB Plan”), in which Mr. Maslen is fully vested.1 This plan entitles him to a fixed, lifetime monthly benefit upon retirement or termination of his employment with United Airlines. Under the FB Plan, the employee’s benefit, funded entirely by United Airlines, is calculated as a percentage of the employee’s current salary at the time of retirement, multiplied by the number of months of participation in the plan. Although normal retirement is age sixty, a participant is eligible to retire any time after attaining age fifty, however, early retirement would result in a lower retirement benefit.

The second pension plan is a “directed account” plan (“DA Plan”) in which Mr. Maslen is also fully vested. Under this plan United Airlines contributes into his account an amount equal to nine percent of his monthly salary. Mr. Maslen has investment control over the funds in this directed account plan. Under this plan no guaranteed retirement benefit is promised. Rather, the retirement benefit is based on the value of the account or the accrued benefit, ,at the time of distribution or retirement. The total benefit accrued in this plan is the sum of the accumulated contributions plus or minus earnings or losses on the accumulations.

Relying on I.C. § 32-906,2 the magistrate determined the community’s interest in each plan by determining Mr. Maslen’s entitlements as of the date of the marriage and the date of the divorce. The magistrate then subtracted the amount to which he was entitled as of the date of marriage from the amount to which he was entitled on the date of divorce. The difference between these two amounts was determined by the magistrate to be the portion of the benefits acquired during the marriage, and therefore held the difference to be the community portion of the pension benefits.

Mrs. Maslen’s one-half share of the community portion of the DA Plan benefits [88]*88was offset by a prejudgment distribution of community property and her portion of the community debts. Her marital share of the DA Plan benefits was to be paid immediately in a lump sum by the plan administrator, and her share of the FB Plan benefits was to be paid in monthly payments to her directly from the plan administrator.

On appeal the district judge affirmed the magistrate’s ruling. Mr. Maslen then appealed to this Court. We assigned the case to our Court of Appeals, which also affirmed. The case is now before this Court on a petition for review.

Mr. Maslen asserts that the magistrate erred in three ways. The first alleged error was that the magistrate abused his discretion by dividing the community assets, i.e., the pension benefits accrued during the length of the marriage, equally between the parties. The second alleged error is that the trial court failed to properly calculate the value of the community interest in the pension plans. The third alleged error is that the magistrate should have ordered a lump sum award of the non-employee spouse’s interest in the FB Plan pension benefits.

I.

In Idaho, separate property is defined in I.C. § 32-904 and § 32-905. Community property is defined in I.C. § 32-906 as “[a]ll other property acquired after marriage by either husband or wife is community property.” See Shill v. Shill, 115 Idaho 115, 765 P.2d 140 (1988). Retirement benefits, to the extent earned during marriage, are deemed community property. Griggs v. Griggs, 107 Idaho 123, 686 P.2d 68 (1984); Shill v. Shill, 100 Idaho 433, 599 P.2d 1004 (1979); Ramsey v. Ramsey, 96 Idaho 672, 535 P.2d 53 (1975). Generally, community property will be divided in a substantially equal manner unless there are compelling reasons which justify otherwise. I.C. § 32—712(1);3 Rice v. Rice, 103 Idaho 85, 645 P.2d 319 (1982). Therefore, absent compelling reasons which justify otherwise, it is settled beyond dispute that there shall be a substantially equal division of pension benefits which were acquired during the time of the marriage. I.C. § 32-712; Ramsey v. Ramsey, 96 Idaho 672, 535 P.2d 53 (1975); accord Shill v. Shill, 115 Idaho 115, 765 P.2d 140 (1988). It is likewise well established that the trial court’s decision to equally divide community property will be reviewed on an abuse of discretion standard, Hooker v. Hooker, 95 Idaho 518, 511 P.2d 800 (1973); Ripatti v. Ripatti, 94 Idaho 581, 494 P.2d 1025 (1972). Further, “[t]he disposition of community property is left to the discretion of the trial court, and unless there is evidence in the record to show an abuse of that discretion, the award of the trial court will not be disturbed.” Koontz v. Koontz, 101 Idaho 51, 52, 607 P.2d 1325, 1326 (1980).

Mr. Maslen asserts that the parties never established the requisite “marital community” to which benefits and detriments would accrue. According to him this lack of “marital community” is demonstrated by the brevity of the marriage and the fact that it was troubled from its onset, as [89]*89indicated by the initiation of divorce proceedings very early in the marriage and that the parties never established a regular pattern of living together. He contends that the trial court disregarded these compelling reasons and improperly ordered an equal division of the pension benefits. We disagree.

Mr. Maslen cites two cases in which an unequal division of community assets were upheld—Shurtliff v. Shurtliff, 112 Idaho 1031, 739 P.2d 330 (1987), and Hentges v. Hentges, 115 Idaho 192, 765 P.2d 1094 (Ct.App.1988).

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Bluebook (online)
822 P.2d 982, 121 Idaho 85, 14 Employee Benefits Cas. (BNA) 2105, 1991 Ida. LEXIS 179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maslen-v-maslen-idaho-1991.