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541 P.2d 360

Hurn v. Hurn

Alaska Supreme Court

Decided October 23, 1975

Alaska Supreme Court · decided 1975-10-23

Key passage — most relied on by later courts

“In a judgment in an action for divorce or action declaring a marriage void or at any time after judgment, the court may provide (6) for the division between the parties of their property, whether joint or separate, acquired only during coverture, in the manner as may be just, and without regard to which of the parties is in fault; however, the court, in making the division, may invade the property of either spouse acquired before marriage when the balancing of the equities between the parties requires it; and to accomplish this and the judgment may require that one or both of the parties assign, deliver, or convey any of his or her real or personal property to the other party;”

quoted by 1 later decision, including Courtney v. Courtney

“In a judgment in an action for divorce ... the court may provide ... for the division between the parties of their property, whether joint or separate, acquired only during coverture, in'the manner as may be just . . .; however, the court, in making the division, may invade the property of either spouse acquired before marriage when the balancing of the equities between the parties requires it. . . . [Emphasis added.]”

quoted by 1 later decision, including Rosson v. Rosson

Relies on Vanover v. Vanover · Crume v. Crume · McSmith v. McSmith

Good law ✅— No negative treatment on recordhow we know

Decided 1975-10-23

How this case has been cited

Cited by 8 later decisions — most recently February 2002

8 state decisions

501975198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1 OPINION

Before RABINOWITZ, C. J., and CONNOR, ERWIN and BOOCHEVER, JJ- PER CURIAM.

¶2 Mrs. Hurn asks us to set aside a property settlement in a divorce decree, contending that she should have been awarded one-half of the assets acquired during the marriage. The parties were married on June 18, 1971 and separated in the latter part of May 1972 when Mrs. Hurn left on an educational-business trip to South America, paid for out of the parties’ assets. No children were born as an issue of the marriage. In June or July 1972 when Mrs. Hurn returned from her trip, she decided to terminate the marriage, and the parties lived separately thereafter.

¶3 AS 09.55.210(6) specifies that in an action for divorce, the court may provide for a division of the parties’ property acquired during the marriage “in the manner as may be just, and without regard to which of the parties is in fault”. Although the facts in this case 1 may well be construed to indicate an approximately equal division of property acquired during the marriage, the statute does not equate a “just” division of property with an equal division in all cases. We have repeatedly held that a judicial division of property is left by AS 09.55.210(6) to the broad discretion of the trial court and will not be disturbed on appeal unless an abuse of discretion is shown. The aggrieved party must show that the property division is clearly unjust. 2

¶4*361 There was adequate evidence to support the findings of the trial court, 3 which are sufficient to justify limiting Mrs. Hum’s award to $5,000.00 in lieu of all rights to property acquired during the marriage. The award was not clearly erroneous.

¶5 Affirmed.

BURKE, J., not participating.
1

¶6 . We shall not lengthen this opinion by detailing the facts.

3

¶8 . We do not construe the court’s opinion as being based on the failure of Mrs. Hurn to be gainfully employed, in the sense of securing financial remuneration. A spouse’s rights in a property settlement will not be lessened as the result of a consensual division of labor during the marriage.

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