Striefel v. Striefel

Summary

The Supreme Court of North Dakota reviewed a divorce judgment involving property division, CalPERS disability benefits, and rehabilitative spousal support. The court held that Edward Striefel’s currently received CalPERS benefits were disability benefits belonging solely to him, but that the benefits would become marital retirement property when he became eligible to retire under applicable California law. The court affirmed the finding that Ann Striefel was a disadvantaged spouse entitled to spousal support, reversed in part, and remanded for further proceedings.

Holdings

1. The CalPERS benefits Edward was presently receiving were disability benefits intended to replace disability-related lost income and therefore belonged solely to Edward rather than constituting marital property.
2. When Edward becomes eligible to retire under the California statutes governing his CalPERS benefits, the benefits will become retirement benefits and marital property subject to division.
3. The trial court did not clearly err in finding Ann was a disadvantaged spouse entitled to rehabilitative spousal support, although it could reconsider the amount of support on remand because the award was intertwined with the property division.

Questions Presented

1. Whether Edward's CalPERS payments were disability benefits belonging solely to Edward or retirement benefits constituting marital property subject to equitable distribution.
2. Whether the trial court clearly erred in finding Ann was a disadvantaged spouse entitled to rehabilitative spousal support.
3. Whether the trial court clearly erred by awarding Ann only one-fourth of Edward's CalPERS benefits and failing to explain the disparity.

Disposition

reversed_and_remanded