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Johnson v. Johnson9/14/2000
er of years served in the military multiplied by one-half the retirement pay. Id. at 908-09, 911. However, this Court has also stated the Bullock formula is not the only method of evaluating and distributing retirement pay as part of the estate. Anderson v. Anderson, 504 N.W.2d 569, 571 n.2 (N.D. 1993).
[ ] In this case, the trial court refused to divide the parties' military pensions. Such a refusal is not, in and of itself, clearly erroneous. However, on the record before us, we are unable to determine the trial court's rationale for this decision because we lack information on the division of the couple's other marital assets. The trial court's memorandum opinion, which it incorporated into the divorce judgment, states that Madonna may retain "the approximately 11,000 pounds of personal property of the approximately 14,000 pounds of personal property and effects possessed by the parties at the time of their separation" and Antonyio may retain the remainder. The memorandum opinion and judgment do not explain what items are included in the 14,000 pounds of property distributed between the parties, and never address the value of this property.
[ ] Given the lack of information in the record regarding the parties' other property, we are unable to determine whether the trial court's refusal to divide the military pensions resulted in an equitable division of the parties' marital estate. Therefore, we remand for the trial court to clarify its findings and the reasoning underlying its decision, according to the Ruff-Fischer guidelines.
IV.
[ ] Madonna contends the trial court's refusal to award or reserve temporary or permanent spousal support was clearly erroneous. We disagree.
[ ] Spousal support determinations are treated as findings of fact which will not be set aside on appeal unless clearly erroneous. Weigel, 2000 ND 16, 6, 604 N.W.2d 462. A finding of fact is clearly erroneous under N.D.R.Civ.P. 52(a) only if it is induced by an erroneous view of the law, there is no evidence to support it, or, though some evidence supports it, on the entire record we are left with a definite and firm conviction a mistake has been made. Riehl v. Riehl, 1999 ND 107, 7, 595 N.W.2d 10. In determining whether spousal support should be awarded, the trial court should apply the Ruff-Fischer guidelines; though a trial court need not make specific findings as to each factor, we must be able to discern a rationale for its determination. Id. at 8. In order to award spousal support, the trial court must find the requesting spouse is disadvantaged. Id. at 9. A "disadvantaged" spouse is one who has "foregone opportunities or lost advantages as a consequence of the marriage and who has contributed during the marriage to the supporting spouse's increased earning capacity." Id.
[ ] From the record before us, we are unable to determine the trial court's decision to deny spousal support was clearly erroneous. Madonna served in the military for twenty years and now earns a military pension, along with which she receives some benefits. She was employed during much of the parties' marriage and is currently working as an administrative assistant at a technical college. While living in Florida, Madonna did not work, but instead pursued and nearly completed a degree in elementary education. She estimates she has approximately one and one-half more years of classes to take in order to finish her degree, and she testified she receives free tuition for school through her employer. The trial court considered her "able bodied."
[ ] There is evidence in the record suggesting Madonna is not a disadvantaged spouse and supporting the trial court's decision to deny s
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