Alaska Supreme Court

Anna Young, Appellant and Cross-Appellee v. David Kelly, Appellee and Cross-Appellant

August 22, 20142014 Alas. LEXIS 171

Summary

The court affirmed summary judgment for David, holding that the alleged agreement to make payments of indefinite amounts upon Anna's requests was too indefinite to enforce and that the IFQs were not marital property because they were acquired after the marriage ended, when neither spouse had an expectancy or contractual right to them. Because Anna had no marital share in the IFQs, the court also upheld denial of her motion to reopen the dissolution under Civil Rule 60(b)(6). Chief Justice Fabe, joined by Justice Bolger, dissented, reasoning that Anna should receive half the increase in IFQ value attributable to the parties' marital labor.