Boulds v. Nielsen

323 P.3d 58 (2014)

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Nature of the Case

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Facts

M and F began cohabiting in 1993 and separated in 2009; they never married. They had three children together. M also raised F's son from a prior relationship as his own child. M worked, and F was a stay-at-home mother. F began receiving disability income in 1996. This money was spent on the household and children. M claimed F as a dependent on his taxes for at least some of the years they were together. The superior court entered findings of fact and conclusions of law and determined that the employment death benefit and 401(k) account were M's separate property and that the union pension was partnership property. The court divided the domestic partnership assets equally but has not yet issued an order dividing the union pension. M appealed. M claims that ERISA prohibits division of a federal retirement account with a non-spouse;2 and the court erred by determining that the parties intended the union pension to be a partnership asset.