van Oosting v. van Oosting

53 Citing cases

  1. Feist v. Feist

    2015 N.D. 98 (N.D. 2015)   Cited 9 times

    All property held by the parties, whether it is held individually or jointly, is deemed marital property, and the court must determine the property's total value before making an equitable distribution. McCarthy, 2014 ND 234, ¶ 9, 856 N.W.2d 762. Separate property, even if it is inherited, must initially be included in the marital estate, but the property's origin may be considered when equitably dividing the estate. See Paulson v. Paulson, 2010 ND 100, ¶ 17, 783 N.W.2d 262; see also van Oosting v. van Oosting, 521 N.W.2d 93, 96 (N.D.1994). “Marital property must be valued as of the date of trial.”

  2. Paulson v. Paulson

    2010 N.D. 100 (N.D. 2010)   Cited 22 times
    Holding the trial court failed to analyze the parties' needs and ability to pay and reversing and remanding for appropriatefindings and analysis under the Ruff–Fischer guidelines

    " Id. Moreover, marital property "may be divided at the time of divorce by either awarding the present value of the benefits, or when there are insufficient assets for a present division or when present valuation is too speculative, by awarding a percentage of future payments." van Oosting v. van Oosting, 521 N.W.2d 93, 98 (N.D. 1994). Cheryl Paulson argues the trial court erred in its property valuation and distribution of the Mark Paulson Trust, Mark Paulson's cash withdrawals, and a round table and china cabinet. A

  3. Reineke v. Reineke

    670 N.W.2d 841 (N.D. 2003)   Cited 18 times
    In Reineke, this Court reversed the district court's decision not to retain jurisdiction to modify the support obligation and award permanent spousal support in the future if the circumstances warrant a modification when one spouse was disabled, had a lower income than the other spouse, and had a slim chance of substantially increasing her income.

    Sommers, 2003 ND 77, ¶ 15, 660 N.W.2d 586. When awarding spousal support, the trial court is to apply the Ruff-Fischer guidelines. van Oosting v. van Oosting, 521 N.W.2d 93, 100 (N.D. 1994). A trial court's determination of spousal support is reviewed as a finding of fact and will only be overturned if it is clearly erroneous.

  4. McDowell v. McDowell

    2001 N.D. 176 (N.D. 2001)   Cited 31 times
    Reversing and remanding for further findings because the Court was unable to determine what weight the district court gave to a best interest factor

    Corbett v. Corbett, 2001 ND 113, ¶ 19, 628 N.W.2d 312. The health and physical conditions of the parties are also significant factors to consider in awarding spousal support. See Theis v. Theis, 534 N.W.2d 26, 28 (N.D. 1995); van Oosting v. van Oosting, 521 N.W.2d 93, 101 (N.D. 1994). [¶ 13] Spousal support determination must be made in light of the income and needs of the disadvantaged spouse and of the supporting spouse's needs and ability to pay.

  5. Marschner v. Marschner

    2001 N.D. 4 (N.D. 2001)   Cited 19 times
    Holding division of property not clearly erroneous on appeal, but because issues of property division and spousal support are intertwined, the district court may revisit the property division on remand

    An asset accumulated while spouses are still married is includable in the marital estate even though the spouses are separated. Keig v. Keig, 270 N.W.2d 558, 560 (N.D. 1978). However, the source of the property is a factor for the court to consider in making an equitable distribution. Linrud v. Linrud, 552 N.W.2d 342, 344 (N.D. 1996); van Oosting v. van Oosting, 521 N.W.2d 93, 96 (N.D. 1994). [¶ 4] Equitable distribution of marital property is based upon the facts and circumstances of each case. Zuger v. Zuger, 1997 ND 97, ¶ 6, 563 N.W.2d 804 (citing N.D.C.C. § 14-05-24; Volson v. Volson, 542 N.W.2d 754, 756 (N.D. 1996)).

  6. Zuger v. Zuger

    1997 N.D. 97 (N.D. 1997)   Cited 36 times
    Holding beneficiary interest in trust is property subject to division in divorce

    Keig v. Keig, 270 N.W.2d 558, 560 (N.D. 1978). As Linrud, 552 N.W.2d at 344, and van Oosting v. van Oosting, 521 N.W.2d 93, 96 (N.D. 1994), illustrate, the source of the property is only one factor for the court to consider in making an equitable distribution. [¶ 9] In this case, although Mary did not make a direct contribution to this contingent fee, it was accumulated during the marriage.

  7. Pearson v. Pearson

    2009 N.D. 154 (N.D. 2009)   Cited 19 times

    [¶ 34] In van Oosting v. van Oosting, the parties were married for twenty-four years. 521 N.W.2d 93, 95 (N.D. 1994). At the time of the divorce, the wife was forty-four years of age, had not attended college, had very limited work experience, and suffered from multiple sclerosis. Id. at 100.

  8. Hogan v. Hogan

    2003 N.D. 105 (N.D. 2003)   Cited 29 times

    [¶ 16] A trial court may grant parties a percentage of the marital or nonmarital estate in a property division if, at the time of the trial, there are insufficient assets for a division or the valuation is too speculative. Zander v. Zander, 470 N.W.2d 603, 605 (N.D. 1991) (the trial court awarded the wife a percentage of the husband's retirement benefits); van Oosting v. van Oosting, 521 N.W.2d 93, 98 (N.D. 1994) (the trial court should award a percentage of one spouse's future payments from a vested credit trust, treated as inherited property, to the other spouse in a property distribution). We have cited decisions of the Supreme Court of Minnesota that prescribe "a rule for the equitable distribution of property rights which are difficult or impossible to evaluate — ordering apportionment of the future benefits only if and when such benefits are paid."

  9. Bellefeuille v. Bellefeuille

    636 N.W.2d 195 (N.D. 2001)   Cited 10 times
    Affirming decision that a motion for relief from a divorce judgment was not filed within a reasonable time when it was filed twenty-one years after the judgment

    [¶ 18] This Court has explained "[i]f trial courts find no immediate need for awarding permanent spousal support, they should retain jurisdiction to do so beyond a temporary award, when facing uncertainty about the need for permanent support" thereby "leaving the award open for later modification." van Oosting v. van Oosting, 521 N.W.2d 93, 101 (N.D. 1994). [¶ 19] When there has been an initial award of spousal support, however, the trial courts retain jurisdiction and may modify the award "[a]t least as long as spousal support continues.

  10. Sommer v. Sommer

    2001 N.D. 191 (N.D. 2001)   Cited 32 times
    Holding permanent spousal support is appropriate when there is a substantial disparity in income, a disparity in earning capacity and marketable job skills, an economically disadvantaged spouse, a long-term marriage, a need to balance the burdens created by a divorce, and a need to consider the standard of living the parties' enjoyed

    [¶ 17] Donald argues the trial court erred by not providing for the elimination or reduction of the spousal support award upon Donald's retirement. An award of permanent spousal support is subject to future modification. See van Oosting v. van Oosting, 521 N.W.2d 93, 100 (N.D. 1994). A trial court's power to modify an award of spousal support is statutory and is not dependent upon any express reservation of continuing jurisdiction in the divorce judgment.