Alaska Supreme Court

Lawrence J. Ethelbah, Appellant and Cross-Appellee v. Mary Sue Walker F/k/a Ethelbah, Appellee and Cross-Appellant

March 26, 2010225 P.3d 1082

Summary

The court affirmed nearly all aspects of the equitable property division in the parties' divorce. It held that the trial court could value vested pension survivorship and health-insurance benefits using present-value calculations, defer to supported valuation and credibility findings, and restrict devisability to achieve an equitable division. It vacated and remanded the recapture of pension income received during separation because the trial court made no evidence-based findings that the income was wasted, dissipated, or converted to non-marital form.