In Matter of Marriage of Jasper v. Jasper
Sixty-forty property division affirmed in short marriage – wife suffered no “setback” due to the marriage.
Sixty-forty property division affirmed in short marriage – wife suffered no “setback” due to the marriage.
Unequal property division upheld where husband had substantial excluded property.
Court can consider prior inherited status of property.
Unequal property division affirmed where husband built business.
Unequal division of property affirmed. Wife made more than husband. Court awarded husband his retirement in lieu of maintenance from wife. This was a proper exercise of discretion.
Unequal division affirmed due to relatively short marriage (8 years) where husband brought substantially all of the property into the marriage.
Unequal division of property (75 – 25 in favor of wife) affirmed where wife brought some property into marriage and trial court concluded that husband had not been economically disadvantaged as a result of the marriage.
Use of a coverture fraction to divide a retirement plan may be appropriate, but not in this case because the trial court considered the husband’s financial contributions to be greater than the wife’s contributions as homemaker and primary child caretaker.
Trial court erred in deviating from an unequal division of the largest asset in the marital estate upon consideration of only one statutory factor, neglecting entirely the other statutory factors.
While survivorship benefit is an asset, the trial court did not erroneously exercise its discretion by determining that it would be unfair to divide it equally where the underlying pension was treated as an income stream rather than as an asset. Trial courts have a broad discretion in attempting to fashion the most equitable and fair result.