Trial court appropriately exercised its discretion in not deviating from equal division of property due to husband’s contribution of $12,000 to the residence and a gift parcel of land. Trial court appropriately considered the length of the marriage (15 years) and wife’s role in raising husband’s children from a prior marriage.
(1) Pension plan which spans date of marriage is a marital asset, subject to division. The premarital component is a factor which may be relevant to how the asset should be divided, not whether it should be. (2) Equal property division affirmed in 13 year marriage where husband brought substantial property into marriage.
Trial court erred in concluding that it could not exclude portion of pension acquired before marriage.
Assets acquired during pendency of divorce are included in determining the size of the marital estate, but court can consider this fact in dividing the estate.
Property brought into marriage not excluded.
While source of assets is an item to be considered under property division statute, total exclusion of premarital assets is not justified.