Maxwell v. Sosnowski

In Maxwell v. Sosnowski,[1] the supreme court held that a court may only award credit for post-separation mortgage payments for those payments made after the date of separation. Jill Maxwell and William Sosnowski permanently separated on May 31, 2013, and were later divorced. During their marriage, they had purchased a triplex in Anchorage together. Sosnowski sought credit for $134,041.02 in mortgage payments that he had made from October 2011 to April 2016. The superior court granted Sosnowski this credit in a disbursement order. On appeal, Maxwell argued that the disbursement order was inconsistent with the superior court’s finding that she and Sosnowski had separated on May 31, 2013. The supreme court agreed, reasoning that the separation date was not contested, and that Alaskan case law only allows for credits to be granted for payments made from post-separation income. It explained that any payments made before the legal separation were made with marital funds and so could not be credited. Vacating the disbursement order, the supreme court held that a court may only award credit for post-separation mortgage payments for those payments made after the date of separation.

 

[1] 420 P.3d 1227 (Alaska 2018).

Maxwell v. Sosnowski

In Maxwell v. Sosnowski,[1] the supreme court held that a court may only award credit for post-separation mortgage payments for those payments made after the date of separation. Jill Maxwell and William Sosnowski permanently separated on May 31, 2013, and were later divorced. During their marriage, they had purchased a triplex in Anchorage together. Sosnowski sought credit for $134,041.02 in mortgage payments that he had made from October 2011 to April 2016. The superior court granted Sosnowski this credit in a disbursement order. On appeal, Maxwell argued that the disbursement order was inconsistent with the superior court’s finding that she and Sosnowski had separated on May 31, 2013. The supreme court agreed, reasoning that the separation date was not contested, and that Alaskan case law only allows for credits to be granted for payments made from post-separation income. It explained that any payments made before the legal separation were made with marital funds and so could not be credited. Vacating the disbursement order, the supreme court held that a court may only award credit for post-separation mortgage payments for those payments made after the date of separation.

 

[1] 420 P.3d 1227 (Alaska 2018).