Alimony, child support and attorney fees are in the nature of support and are not part of the property division.
Abuse of discretion to order a property division in lieu of maintenance in a long marriage. The order required wife to invade the corpus of her estate while there was no provision for support, education or training.
Maintenance and property division are interdependent and cannot be made in a vacuum. Therefore, when property division is remanded, so is maintenance.
The same asset cannot be considered for both maintenance and property division.
While source of assets is an item to be considered under property division statute, total exclusion of premarital assets is not justified.
Property brought into marriage not excluded.
Assets acquired during pendency of divorce are included in determining the size of the marital estate, but court can consider this fact in dividing the estate.
Trial court erred in concluding that it could not exclude portion of pension acquired before marriage.
(1) Pension plan which spans date of marriage is a marital asset, subject to division. The premarital component is a factor which may be relevant to how the asset should be divided, not whether it should be. (2) Equal property division affirmed in 13 year marriage where husband brought substantial property into marriage.
Trial court appropriately exercised its discretion in not deviating from equal division of property due to husband’s contribution of $12,000 to the residence and a gift parcel of land. Trial court appropriately considered the length of the marriage (15 years) and wife’s role in raising husband’s children from a prior marriage.