Skip to main content


Supreme Court of North Dakota.

Linda R. KIESON, Plaintiff and Appellee v. Brooks L. KIESON, Defendant and Appellant

No. 20180157

Decided: January 15, 2019

Elizabeth A. Elsberry (argued) and Christopher E. Rausch (appeared), Bismarck, ND, for plaintiff and appellee. Rodney E. Pagel, Bismarck, ND, for defendant and appellant.

[¶1] Brooks Kieson appealed from a judgment granting Linda Kieson a divorce from him and distributing their marital property. We conclude the district court’s property division is not clearly erroneous, the substantial disparity in the division was adequately explained by the court based on the amount of fault attributable to Brooks Kieson, and the court’s decision was not induced by an erroneous view of the law. See Vitko v. Vitko, 524 N.W.2d 102, 104 (N.D. 1994) (court did not err in excluding military disability benefits and social security benefits from equitable property division, while considering the disability income to determine the financial circumstances of each party); Olson v. Olson, 445 N.W.2d 1, 15 (N.D. 1989) (VandeWalle, J., concurring) (although social security cannot be distributed or used as an offset in division of marital property, social security benefits may be considered as part of the entire financial condition of the party receiving the benefits). We summarily affirm the judgment under N.D.R.App.P. 35.1(a)(2) and (7).

Per Curiam.

[¶2] Gerald W. VandeWalle, C.J. Jerod E. Tufte Daniel J. Crothers Lisa Fair McEvers William A. Neumann, S.J.[¶3] The Honorable William A. Neumann, S.J., sitting in place of Jensen, J., disqualified.

Was this helpful?

Thank you. Your response has been sent.

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go to Learn About the Law

Docket No: No. 20180157

Decided: January 15, 2019

Court: Supreme Court of North Dakota.

Get a profile on the #1 online legal directory

Harness the power of our directory with your own profile. Select the button below to sign up.

Sign up

Learn About the Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Learn more about the law
Copied to clipboard