Rose v. Rose

755 P.2d 1121, 1988 Alas. LEXIS 96, 1988 WL 58448
CourtAlaska Supreme Court
DecidedJune 10, 1988
DocketS-2036
StatusPublished
Cited by23 cases

This text of 755 P.2d 1121 (Rose v. Rose) 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
Rose v. Rose, 755 P.2d 1121, 1988 Alas. LEXIS 96, 1988 WL 58448 (Ala. 1988).

Opinions

OPINION

BURKE, Justice.

Debra E. Rose and Duane A. Rose were married in Anchorage, Alaska, on November 17, 1984. They lived together until their separation in May 1986. The marriage produced no children, but each partner had children from a previous marriage. Debra’s two children, Victoria and Jonathan, lived with the couple throughout the marriage, as did Duane’s daughter, Brandy.1

The parties each brought assets into the marriage. Debra owned a condominium and Duane owned a house. The family used Duane’s home as a residence during their marriage. Each party had an automobile.2 During their marriage, both parties were employed, Duane as a police officer, earning approximately $63,000 per year, and Debra as a service order clerk, earning approximately $27,000 per year. Both Duane and Debra have retirement plans through their employers.3 Likewise, each party has a vacation plan which allows them to accumulate leave time which may be converted to cash. During the marriage Duane accumulated 216 hours of leave time; Debra accumulated seventeen hours.4

Shortly after the parties were married, Duane, who had substantial premarital savings, made a down payment on property in Kenai and took title in his own name. Thereafter, the family began using the Ke-nai property for recreational purposes.5 While there, the family stayed in a camper/trailer which Duane had purchased approximately two months prior to the parties’ marriage. The family also enjoyed the use of a boat and motor purchased by Duane after the couple’s marriage.

During the marriage, the parties maintained the separate checking and savings accounts they had established prior to the marriage.6 Their paychecks were directly deposited into their respective accounts. Debra made payments on her condominium and her automobile from her account, and Duane made his own house payments and the monthly payments on the Kenai lot from his account. The trailer, the boat and the motor were purchased by Duane using his separate funds. Both parties bought [1123]*1123groceries and clothing for the family. The parties agree that Duane contributed approximately $47,500 to the mutual household expenditures during the course of the marriage, while Debra contributed approximately $20,000.

At trial, the parties stipulated to a number of facts, including the values and dispositions of some of the properties involved in this marriage. They agreed, for example, that the condominium that Debra brought into the marriage and the house that Duane brought into the marriage would be retained by the respective parties.7 They also agreed that each would retain the automobile in his or her possession at the time of separation. Consequently, the only items in dispute at the time of trial were the Kenai property, the boat and motor, the trailer, and Duane’s accumulated leave time and pension assets.

The case was heard before Judge Victor Carlson on October 29, 1986. Debra contended at trial that the Kenai property, though purchased with savings accumulated by Duane prior to the marriage, was marital property subject to division. She also contended that the trailer, although purchased prior to the marriage, was a precoverture asset subject to division under AS 25.24.160(a)(4).8 Debra requested that the court award her one-half the value of the foregoing assets, as well as one-half the value of Duane’s accumulated leave time and pension, and one-half the value of the boat and motor.9 Duane argued that the couple had never “come together” as an “economic marriage” and, hence, he should be entitled to keep 100% of the disputed items, since they were acquired in his name and with his funds.

Judge Carlson agreed with Duane, awarding him 100% of all of the disputed items of property.10 Debra appeals this disposition, contending that Judge Carlson both applied an improper legal standard, and reached an unjust result.

We have long recognized the trial court’s broad discretion in determining a just disposition of property based upon the facts in the particular case before it, and we have repeatedly held that we will reverse the trial court’s determination only where it is clearly unjust. See, e.g., Morris v. Morris, 724 P.2d 527, 529 (Alaska 1986); Hunt v. Hunt, 698 P.2d 1168, 1171 (Alaska 1985); Vanover v. Vanover, 496 P.2d 644, 645 (Alaska 1972). Nonetheless, we have established, through our numerous decisions in divorce cases, an accepted method of legal analysis to be followed in determining property dispositions under AS 25.24.-160(a)(4). The first step in this analysis is to determine the specific property available for distribution. Wanberg v. Wanberg, 664 P.2d 568, 570 (Alaska 1983). Such property includes all assets acquired by the parties during marriage, plus any premarital property which the “balancing of equities” suggests should be divided. Id. Second, the court must determine the value of all property available for distribution. Id. Finally, the court must determine the most equitable allocation of the property between the parties, beginning “with the presumption that the most equitable division of the property is an equal division.” Id. at [1124]*1124570, 574-75. The principal factors the trial court must consider in deciding what property division is equitable are

the respective ages of the parties; their earning ability; the duration and conduct of each during the marriage; their station in life; the circumstances and necessities of each; their health and physical condition; their financial circumstances, including the time and manner of acquisition of the property in question, its value at the time and its income producing capacity if any.

Merrill v. Merrill, 368 P.2d 546, 547-48 n. 4 (Alaska 1962).

It is apparent, from an examination of the record in this case, that the court below did not strictly adhere to the Wan-berg/Merrill analysis in reaching its decision. The court made no determination in its findings as to whether the Kenai property and the trailer were items subject to distribution under AS 25.24.160(a)(4), despite a dispute as to the legal status of these items. Moreover, the record makes no mention of the Merrill factors and gives no indication that the court began with the “equal division” presumption. Although it might be divined from the record that the court considered some of the Merrill factors, e.g., the duration of the marriage, the conduct of parties during marriage, and the time and manner in which the property at issue was acquired, the court gave no discernible consideration to the ages of the parties, their earning capacity, their station in life, their circumstances and necessities, their health, or their financial condition.

Instead, the court took an alternative approach. Judge Carlson reasoned as follows:

Concerning the division of property,

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Cite This Page — Counsel Stack

Bluebook (online)
755 P.2d 1121, 1988 Alas. LEXIS 96, 1988 WL 58448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rose-v-rose-alaska-1988.