property division

September 2020 - Notes of Decision - Family

*Disclaimer* - the below case summaries are not to be construed as legal advice, they are nonexhaustive, and they contain only my own summary/interpretation of the cases so noted. 

NO. CAAP-19-0000208

ST v. KT

 Error Alleged - Student Loan Debt Issue: Wife argued that the Family court erred in "finding that valid and relevant considerations (VARCs) existed to justify excluding Husband's premarital student loan debt in the court's property chart and property division, and not charging Husband for his student loan debt that was paid during the marriage."

 Holding - Not Enough Information re Court's Exclusion of Husband's Student Loan Debt:

  • Lower Court: excluded Husband's premarital student loan debt from the marital estate calculation because both parties benefited from Husband's schooling during the marriage and because there was a post-divorce asset disparity favoring Wife which justified exclusion of Husband's debt.

  • ICA - Not Enough Info: "unable to discern from the Family Court's findings and our review of the record how the Family Court calculated the [parties'] post-divorce asset disparity," and therefore found that "the Family Court erred in relying on this disparity […] to justify the exclusion of Husband's student loan debt that was paid during the marriage.