Curt F. Pfannenstiehl vs. Diane L. Pfannenstiehl

Summary

The court held that the husband's beneficial interest in the discretionary spendthrift trust was too speculative and remote to be included as property in the divisible marital estate. The trust's open class of beneficiaries, unequal discretionary distributions, inability to compel distributions, and remote remainder interest prevented the husband from having a fixed and enforceable property right. The court vacated the trust-related division and remanded for reconsideration, while permitting the trust expectancy to be considered as a factor bearing on each spouse's future acquisition of capital assets and income.