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Cases of Interest: Alaska
© National Legal Research Group, Inc.

Adultery (full category)

ALASKA: Larrimore v. Dubose, No. 1000828 (Ala. Dec. 7, 2001).
An interesting little case held that a spouse of a person accused of adultery in a divorce pleading by another person does not have a cause of action for defamation. In other words, an allegation of adultery by one spouse does not defame the other spouse.
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Agreements (full category)

ALASKA: Compton v. Compton, 902 P.2d 805 (Alaska 1995).
The parties' prenuptial agreement did not prohibit transmutation of separate property into marital property.
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Alimony (full category)

ALASKA: Ulsher v. Ulsher, 867 P.3d 819 (Alaska 1994).
Alimony payments should not be included as part of the recipient's share of marital property.
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Antenuptial Agreements (full category)

ALABAMA: James v. James, 764 So. 2d 549 (Ala. Civ. App. 1999).
The couple's antenuptial agreement had been rescinded, the husband's businesses were held to be marital property, and the wife had no interest in the husband's individual retirement account.
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Attorneys (full category)

ALASKA: LaParle v. State, 957 P.2d 330 (Alaska Ct. App. 1998).
A lawyer who conspired with his client to conceal and appropriate marital funds during divorce proceedings could be convicted of theft and perjury.
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Attorney's Fees (full category)

ALASKA: Sanders v. Sanders, 902 P.2d 310 (Alaska 1995).
The trial court may not award attorney's fees merely to equalize the amount of attorney's fees incurred by each spouse.
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ALASKA: Beard v. Beard, 947 P.2d 831 (Alaska 1997).
A trial court may rely on a divorcing party's misconduct to reduce or deny an otherwise appropriate award of attorney's fees.
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ALASKA: Gallant v. Gallant, 945 P.2d 795 (Alaska 1997).
The wife's actions during the parties' divorce case did not prevent the parties from litigating on an equal plane so as to require an award of attorney's fees to the husband.
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Child Custody (full category)

ALASKA: Moeller-Prokosch v. Prokosch, No. S-9776 (Alaska July 27, 2001).
During the divorce proceedings, the mother determined that she wanted to relocate to Florida. The trial court conditioned an award of primary physical custody to the mother on her maintaining the child's residence within a 65-mile radius of the father's residence.
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ALASKA: West v. West, No. S-9666 (Alaska Sup. Ct. Apr. 27, 2001).
The court presiding over a divorce gave the father primary custody of the son; the court based its decision primarily on the father's anticipated remarriage, which, the court found, would offer the son the benefit of a "two-parent household."
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Classification of Assets (full category)

ALASKA: Elliott v. James, 977 P.2d 727 (Alaska 1999).
The parties' condominium purchased by them prior to their marriage was marital property even though the wife used her separate funds for the down payment, where the condominium was used as the marital residence, both parties' names were on the title, and both parties were obligated on a loan used to remodel the condominium.
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ALASKA: Compton v. Compton, 902 P.2d 805 (Alaska 1995).
The parties' prenuptial agreement did not prohibit transmutation of separate property into marital property.
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ALASKA: Hatten v. Hatten, 917 P.2d 667 (Alaska 1996).
The actual character of damages recovered through settlement of a spouse's tort suit, rather than the formal characterization of damages in a settlement agreement, controls whether the damages are separate or marital property.
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ALASKA: Harrelson v. Harrelson, 932 P.2d 247 (Alaska 1997).
The trial court erred in finding that the parties were married for eight years, when in fact they were married for only the last three years of their relationship.
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ALASKA: Lundquist v. Lundquist, 923 P.2d 42 (Alaska 1996).
An award of punitive damages to a spouse should be apportioned in the same manner as the underlying compensatory damages award.
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Criminal Offenses (full category)

ALASKA: LaParle v. State, 957 P.2d 330 (Alaska Ct. App. 1998).
A lawyer who conspired with his client to conceal and appropriate marital funds during divorce proceedings could be convicted of theft and perjury.
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Discovery (full category)

ALASKA: Gallant v. Gallant, 945 P.2d 795 (Alaska 1997).
The wife's actions during the parties' divorce case did not prevent the parties from litigating on an equal plane so as to require an award of attorney's fees to the husband.
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Dissipation of Assets (full category)

ALASKA: Elliott v. James, 977 P.2d 727 (Alaska 1999).
The husband's poor money management during the marriage did not constitute an unreasonable depletion of marital assets for the purpose of determining how to divide the parties' property.
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ALASKA: Jones v. Jones, 942 P.2d 1133 (Alaska 1997).
The trial court unduly sanctioned the husband for his gambling losses when it awarded the wife much more than one-half of the marital property.
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Division of Property (full category)

ALASKA: Johns v. Johns, 945 P.2d 1222 (Alaska 1998).
The trial court did not abuse its discretion in retaining jurisdiction for possible future division of the husband's interim fishing permits.
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Evidence

ALASKA: Gallant v. Gallant, 945 P.2d 795 (Alaska 1997).
The wife's actions during the parties' divorce case did not prevent the parties from litigating on an equal plane so as to require an award of attorney's fees to the husband.
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Expert Witnesses (full category)

ALASKA: Johns v. Johns, 945 P.2d 1222 (Alaska 1997).
The trial court's valuation of the marital home based on a real estate appraiser's opinion rather than on a real estate broker's opinion was not error.
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Joinder (full category)

ALASKA: McGee v. McGee, 974 P.2d 983 (Alaska 1999).
The wife's tort claim against the husband with respect to marital assets did not have to be litigated in her motion for relief for judgment based on the same underlying facts.
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Jurisdiction (full category)

ALASKA: Johns v. Johns, 945 P.2d 1222 (Alaska 1998).
The trial court did not abuse its discretion in retaining jurisdiction for possible future division of the husband's interim fishing permits.
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Marital Home (full category)

ALASKA: Tollefsen v. Tollefsen, 981 P.2d 568 (Alaska 1999).
While the trial court found that the marital home required substantial repairs before it could be sold, it failed to take into account the cost of these repairs when deciding upon the couple's property division.
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ALASKA: Cox v. Cox, 882 P.2d 909 (Alaska 1994).
Given the speculative nature of the testimony regarding sale costs and the lack of a firm selling date, it was not error for the trial court to deduct only a portion of the selling costs.
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Pensions (full category)

ALASKA: Williams v. Crawford, No. S-9791 (Alaska Feb. 8, 2002).
The couple here divorced in April 1992. The wife remarried shortly thereafter. On August 12, 1992, the husband and the wife entered into a property settlement agreement, which was incorporated into the divorce decree. Paragraph Seven of the agreement stated:
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ALASKA: Williams v. Crawford, 982 P.2d 250 (Alaska 1999).
A property distribution agreement obligated the husband to name the wife as recipient of a civil service pension's survivorship benefits; it did not entitle the wife to a guaranteed annuity in an amount she would have received had she remained statutorily eligible for survivorship benefits.
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ALASKA: Dodson v. Dodson, 955 P.2d 902 (Alaska 1998).
The trial court did not err when it discounted the value of a 401(k) plan to account for taxes that the wife would have to pay before she could use the plan's funds.
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Postdecree Proceedings (full category)

ALASKA: Horchover v. Field, 964 P.2d 1278 (Alaska 1998).
Trial court's order that the husband provide an accounting of his pension plan to the wife was not an abuse of discretion considering the husband's history of refusing to comply with obligations contained in the agreement and divorce decree.
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Premarital Property (full category)

ALASKA: Harrelson v. Harrelson, 932 P.2d 247 (Alaska 1997).
The trial court erred in finding that the parties were married for eight years, when in fact they were married for only the last three years of their relationship.
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Survivor Benefits

ALASKA: Williams v. Crawford, 982 P.2d 250 (Alaska 1999).
A property distribution agreement obligated the husband to name the wife as recipient of a civil service pension's survivorship benefits; it did not entitle the wife to a guaranteed annuity in an amount she would have received had she remained statutorily eligible for survivorship benefits.
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ALASKA: Zito v. Zito, 969 P.2d 1144 (Alaska 1998).
Barring an express understanding to the contrary, an agreement for equitable division of retirement benefits earned during a marriage presumptively encompasses survivor benefits.
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Tax Consequences (full category)

ALASKA: Dodson v. Dodson, 955 P.2d 902 (Alaska 1998).
The trial court did not err when it discounted the value of a 401(k) plan to account for taxes that the wife would have to pay before she could use the plan's funds.
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Third Parties(full category)

ALASKA: Jones v. Jones, 942 P.2d 1133 (Alaska 1997).
The trial court unduly sanctioned the husband for his gambling losses when it awarded the wife much more than one-half of the marital property.
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Torts (full category)

ALASKA: Lundquist v. Lundquist, 923 P.2d 42 (Alaska 1996).
An award of punitive damages to a spouse should be apportioned in the same manner as the underlying compensatory damages award.
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ALASKA: Hatten v. Hatten, 917 P.2d 667 (Alaska 1996).
The actual character of damages recovered through settlement of a spouse's tort suit, rather than the formal characterization of damages in a settlement agreement, controls whether the damages are separate or marital property.
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Transmutation of Property (full category)

ALASKA: Lundquist v. Lundquist, 923 P.2d 42 (Alaska 1996).
The husband's subjective intent that the parties would share his inheritance did not justify classifying it as marital property.
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Valuation of Property (full category)

ALASKA: Williams v. Crawford, No. S-9791 (Alaska Feb. 8, 2002).
Where the wife is entitled to one-half of her husband's civil service pension, her share should be valued as of the date the couple entered into their divorce agreement rather than on the date of the husband's death.
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ALASKA: Virgin v. Virgin, 990 P.2d 1040 (Alaska 1999).
The cost of a sale of an asset can be deducted from a spouse's share of the asset if there is evidence that the sale is imminent and that the evidence supports the estimated costs of the sale.
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ALASKA: Berg v. Berg, 983 P.2d 1244 (Alaska 1999).
Division of marital property is a three-step process: Determine what property is marital, place a monetary value on that property, and, finally, equitably distribute that property.
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ALASKA: Cox v. Cox, 882 P.2d 909 (Alaska 1994).
Given the speculative nature of the testimony regarding sale costs and the lack of a firm selling date, it was not error for the trial court to deduct only a portion of the selling costs.
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ALASKA: McQueary v. McQueary, 902 P.2d 1326 (Alaska 1995).
When valuing an asset encumbered by a debt, the interest rate on the debt must be taken into account. This case potentially could be useful authority in dissolution cases where the debt on one of the parties' assets carries an unusually high or low interest rate.
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