Boulds v. Nielsen
Alaska Supreme Court
323 P.3d 58 (2014)
Raymond Boulds (defendant) and Elena Nielsen (plaintiff) lived together in a domestic partnership from 1993 until separating in 2009, never marrying but occasionally wearing wedding rings, and raising three children together. Boulds worked full time supporting the family while Nielsen stayed home with the children; Boulds claimed Nielsen as a tax dependent. Through his employer, Boulds accumulated a death benefit, a retirement account, and an ERISA pension. After separation, the superior court ruled the death benefit and retirement account were Boulds's separate property but that the pension was partnership property subject to division. Boulds appealed the pension ruling.
Whether the property of unmarried cohabitants can be equally divided in a marital-like fashion if the parties formed a domestic partnership and intended to share in the fruits of their relationship as though they were married.