Ramsey v. Ramsey

834 P.2d 807, 1992 Alas. LEXIS 95, 1992 WL 172500
CourtAlaska Supreme Court
DecidedJuly 24, 1992
DocketS-4206, S-4207
StatusPublished
Cited by50 cases

This text of 834 P.2d 807 (Ramsey v. Ramsey) 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
Ramsey v. Ramsey, 834 P.2d 807, 1992 Alas. LEXIS 95, 1992 WL 172500 (Ala. 1992).

Opinion

OPINION

MATTHEWS, Justice.

FACTS AND PROCEEDINGS

Clair and Sandra Ramsey were married on April 11, 1964. At the time the divorce decree was issued, August 27, 1990, both were 47 years old. Clair earns at least $120,000 a year as a real estate agent for Jack White Company. Sandra has operated her own interior design business since 1979. In 1989 the net earnings from her business were $7,829.

The parties physically separated in the summer of 1988. Clair filed for divorce in May 1989. After trial in August 1990, Judge Johnstone issued the decree and findings at issue in this appeal.

In those findings, the court concluded that the parties did not cease functioning as an economic unit until the summer of 1990. Neither party was given credit for payments made before that date to preserve marital assets or provide spousal support.

The court awarded Sandra rehabilitative alimony in the amount of $1,500 a month for four years. The award was designed to facilitate her plan to make her interior design business self-supporting. Based on the Merrill 1 factors and in light of the alimony award, the court made an “approximately equal division of the assets.” ' In addition, the court awarded Sandra $5,000 for attorney’s fees and expert costs.

DISCUSSION

A. Credit for Post-Separation Payments

Clair argued below that the economic partnership created by the marriage ended upon separation, thus he . was entitled to credit for post-separation payments made to maintain the marital estate and to support Sandra. Judge Johnstone, however, found that due to the extensive commingling of finances, “the parties continued to function economically as a single unit until the summer of 1990.” Based on that finding, the court identified all of the parties’ marital assets as of May 11,1990. We find that the court’s economic unit finding was clearly erroneous.

The first step in the process of marital property division is to determine “what property is available for distribution.” Chotiner v. Chotiner, 829 P.2d 829, 831 (Alaska 1992). Specifically, the court must “identify what marital property, as *809 distinct from separate property, exists at the distribution date.” Id. In Ogard v. Ogard, 808 P.2d 815, 819 (Alaska 1991), we distinguished between the date, marital property is identified as such and the date it is valued; the latter should “be as close as practicable to the date of trial.”

A valuation date should be chosen which will provide the most current and accurate information possible and which avoids inequitable results. It is distinct from the date marking the termination point for inclusion of property within equitable distribution. The latter date marks the end of the marital team effort. Since this date may be well in advance of the dissolution proceedings, a valuation date linked to it may result in stale financial information. L. Golden, [Equitable Distribution of Property, ] at § 7.01 [(1983)].

Id.

In Schanck v. Schanck, 717 P.2d 1, 3 (Alaska 1986), we stated the general rule for determining when property acquired after separation is properly excluded from the category of marital property:

As a general rule, we hold that property accumulated with income earned after a final separation that is intended to, and does in fact, lead to a divorce is excluded from the category of marital property, as long as it is obtained without the invasion of any pre-separation marital asset.

(Emphasis supplied.)

In this case, the parties separated permanently in the summer of 1988. That point represented “a final separation that [was] intended to, and [did] in fact, lead to a divorce.” Sandra’s continuing economic dependence alone does not indicate the continuance of the marital economic unit. The court’s determination that the marital enterprise continued until May 11, 1990, was clearly erroneous. 2

We have required that trial courts consider payments made to maintain marital property from post-separation income when dividing marital property. Doyle v. Doyle, 815 P.2d 366, 369 n. 5 (Alaska 1991). We have not, however, held that the spouse who makes such payments must necessarily be given credit for them in the final property division. Clair argues that there are public policy reasons which require that some credit be given for such payments. He argues that not doing so tends to promote hostile relations between the parties and may result in a potential wasting of marital assets. While these arguments have some weight, it is our view that no fixed rule requiring credit in all cases should be imposed. Instead, the fact that one party has made payments from non-marital income to preserve marital property should be considered as one of the circumstances to be weighed by the trial court in dividing the marital property. This rule is consistent with our treatment of payments made from separate property acquired prior to the marriage which are used to acquire marital property. See Chotiner, 829 P.2d at 834-35 (court did not abuse its discretion in failing to give credit for separate property contribution of husband, but on remand court was authorized to grant credit).

Since the trial court erred in determining the termination date of the marital partnership, this case must be remanded. On remand the court should consider whether Clair should be given credit for contributions he made from separate property in order to preserve marital property, and should make written findings on this point.

B. Rehabilitative Alimony

Based on the business plan Sandra. presented to the court, Judge Johnstone awarded her rehabilitative alimony for four years. The award was designed to “enable her to more fully provide for her own future needs through job development.”

In general, “our decisions have established a preference for meeting the parties’ needs with the division of property, *810 rather than with alimony, where marital assets are adequate to do so.” Schanck, 717 P.2d at 5 (citing Bussell v. Bussell, 623 P.2d 1221, 1224 (Alaska 1981) and Malone v. Malone, 587 P.2d 1167, 1168 (Alaska 1978)). Although the preference does not apply to awards of alimony for a limited duration, Bays v. Bays, 807 P.2d 482

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

Related

Timothy T. v. Stephanie T.
Alaska Supreme Court, 2026
Randall Wolffe v. Robin Wolffe
Alaska Supreme Court, 2025
Charity L. Massie v. Darrell L. Massie
Alaska Supreme Court, 2025
Donavin G. Bender v. Holly A. Bender
Alaska Supreme Court, 2024
Daniel Butts v. Katherine Lemaster
Alaska Supreme Court, 2024
Brian Edward Miller v. Loreta Miller
Alaska Supreme Court, 2022
Troy A. Rohde v. Annette L. Rohde
507 P.3d 986 (Alaska Supreme Court, 2022)
John B. Morris v. Andrea L. Morris
506 P.3d 8 (Alaska Supreme Court, 2022)
Hall v. Hall
446 P.3d 781 (Alaska Supreme Court, 2019)
Benjamin S. v. Stephanie S.
Alaska Supreme Court, 2018
Hockema v. Hockema
403 P.3d 1080 (Alaska Supreme Court, 2017)
Willie Jackson v. Amie Sey
Alaska Supreme Court, 2016
Dundas v. Dundas
362 P.3d 468 (Alaska Supreme Court, 2015)
Ruppe v. Ruppe
358 P.3d 1284 (Alaska Supreme Court, 2015)
Karl Shear v. Elizabeth Shear
Alaska Supreme Court, 2014
Richter v. Richter
330 P.3d 934 (Alaska Supreme Court, 2014)
Stanhope v. Stanhope
306 P.3d 1282 (Alaska Supreme Court, 2013)
Beals v. Beals
303 P.3d 453 (Alaska Supreme Court, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
834 P.2d 807, 1992 Alas. LEXIS 95, 1992 WL 172500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramsey-v-ramsey-alaska-1992.