Section DMR.02.07 — Provision For Judgment

In addition to voiding or dissolving the marriage, the Court shall have the power to impose judgment as follows:

(a) For the future legal custody and physical placement and care of the minor children of the marriage as may be in the best interest of the children and in accordance with Section DMR.02.08.

(b) Approve any agreement between the parties as to the legal custody and physical placement and care of minor children if deemed by the Court to be in the best interests of the children.

(c) For the recovery from either spouse to allow for the care of the minor children an amount of money as may be just and proper for the party to contribute toward their education and support.

(d) For the recovery from either spouse an amount of money or other personal property as may be just and proper for the maintenance of the other.

(1) In considering an order under this subsection, the Court shall consider the following:

(A) The length of the marriage;

(B) The age and physical and emotional health of the parties;

(D) The educational level of each party at the time of marriage and at the time the action is commenced;

(E) The earning capacity of the party seeking maintenance, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children and the time and expense necessary to acquire sufficient education or training to enable the party to find appropriate employment;

(F) The feasibility that the party seeking maintenance can become self-supporting as a standard of living reasonably comparable to that enjoyed during the marriage, and, if so, the length of time necessary to achieve this goal;

(G) The tax consequences to each party;

(H) Any mutual agreement made by the parties before or during the marriage, according to the terms of which one party has made financial service contributions to the other with the expectation of reciprocation or other compensation in the future, where such repayment has not been made, or any mutual agreement made by the parties before or during the marriage concerning any arrangement for the financial support of the parties;

(I) The contribution by one party to the education, training or increased earning power of the other;

(J) Such other factors as the court may in each individual case determine to be relevant.

(e) For the approval of any property settlement between the parties or recovery and delivery to each of the parties any of their personal property in the possession or control of the other at the time of the giving of the judgment.

(1) Except as provided in (2), any property shown to have been acquired by either party prior to or during the course of the marriage in any of the following ways shall remain the property of that party and is not subject to a property division under this section:

(A) As a gift from a person other than the other party;

(B) By reason of the death of another, including, but not limited to life insurance proceeds; payments made under a deferred employment benefit plan, or an individual retirement account; a property acquired by right of survivorship, by a trust distribution, by bequest or inheritance or by a payable on death or a transfer on death arrangement

(D) A per capita payment from a tribal government.

(2) The court shall presume that all property not described in (1) is to be equally divided between the parties, but may alter this distribution without regard to marital misconduct after considering all of the following:

(A) The length of the marriage;

(B) The property brought to the marriage by each party;

(D) The contribution of each party to the marriage, giving appropriate economic value to each party's contribution in homemaking and child care services;

(E) The age and physical and emotional health of the parties;

(F) The contribution by one party to the education, training or increased earning power of the other;

(G) The earning capacity of the party, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children and the time and expense necessary to acquire sufficient education or training to enable the party to find appropriate employment;

(H) The desirability of awarding the family home or the right to live therein for a reasonable period to the party having physical placement for the greater period of time;

(I) The tax consequences to each party;

(J) Any written agreement made by the parties before or during the marriage concerning any arrangements for property distribution; such agreements shall be binding upon;

(K) Such other factors as the court may in each individual case determine to be relevant.

(3) For the purposes of this chapter, a land assignment issued by the Stockbridge-Munsee Community is not the real or personal property of the individual. Land assignments shall not be subject to the Court's division of property between the parties. The Court may not alter a person's right to his or her land assignment in any way EXCEPT in accordance with the following:

(A) In a divorce where both parties are Stockbridge-Munsee tribal members, the Court may, if it deems in the best interest of the children and after consideration of all factors listed in (2), award a party's land assignment to the other party where the second party has physical placement of the minor children for the greater period of time.

(B) In considering whether to award the land assignment and home to a spouse under (a), the Court shall consider the following:

(i) Whether severe economic hardship that would result on either party;

(ii) Whether the party who is denied the residence and land assignment has other arrangements for a residence;

(iii) The current availability of tribal land assignments.

(f) To restore a former legal surname, if requested.