Ulsaker v. White

Summary

The provided text is a North Dakota Supreme Court opinion in Ulsaker v. White, concerning division of marital property following divorce. The court affirmed the district court’s property distribution, cash-payment schedule, and denial of attorney’s fees, holding that the findings regarding the duration of the marriage and dissipation of assets were not clearly erroneous. The court also addressed the consideration of tax consequences in property division.

Holdings

1. The district court did not clearly err in treating the marriage as long-term and in finding that the duration of the marriage and Ulsaker's dissipation of marital assets supported an approximately equal distribution of the marital estate.
2. The district court did not clearly err in ordering the cash equalization payment because Ulsaker presented no evidence establishing the tax consequences he would incur, and the court was not permitted to speculate about unsupported or phantom tax consequences.
3. The three-year payment schedule was not clearly erroneous because it gave Ulsaker a reasonable period to pay the cash settlement in light of his wealth and the parties' ages.
4. The district court did not abuse its discretion in denying White attorney's fees because both parties had ample resources and White did not need assistance to pay her fees.

Questions Presented

1. Whether the district court clearly erred in finding that the duration of the marriage and Ulsaker's dissipation of marital assets supported an approximately equal distribution of the marital estate.
2. Whether the district court clearly erred in ordering Ulsaker to make the $1,170,000 equalizing payment under a three-year payment schedule despite asserted tax consequences and the need to liquidate assets.
3. Whether the district court abused its discretion by denying White's request for attorney's fees.

Disposition

affirmed