Rohde v. Rohde
Annotate this CaseThe superior court determined that the marital estate should be divided 60/40 in the husband’s favor because of his lower earning potential. But the court then considered the husband’s sale of the marital home: remodeling expenses and financial dealings were inadequately explained, and contributed to a loss of marital equity. The court offset that loss by dividing the wife’s retirement savings plan 70/30 in her favor. And because the retirement savings plan was the most significant marital asset, this allocation resulted in a property division that highly favored the wife. The husband appealed the property division, and also in the trial court's calculation of child support order. The Alaska Supreme Court concluded the property division failed to follow the proper procedure for addressing the post-separation dissipation of marital assets: first valuing the dissipated asset at the time of separation and then crediting that amount to the responsible spouse in the property division. The Supreme Court also concluded that a figure for the amount of lost marital equity used in the property division was clearly erroneous. The Court therefore vacated the property division and remanded for further consideration. In all other respects the superior court’s judgment was affirmed.
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