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Downs v. Downs, 440 P.3d 294 (Alaska 2019). Cases Citing This Book View Copy Cite
73 citation events (73 in the last 25 years) across 1 distinct court.
Strongest positive: Connie Bennett v. Erik Hultgren, No. S18428 (Alaska Mar. 13, 2024)
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At page 297 Reviewing division of marital property in divorce15 citing casesWe review de novo the question of whether a judge appears biased, which is assessed under an objective standard.” (quoting Mengisteab v. Oates, 425 P.3d 80, 85 (Alaska 2018))2 citing courts put it this way
  • Imre Manyoky v. Yekaterina Lutonin, No. S19238 (Alaska May 20, 2026).unpublished
    Reviewing the full record, we are not left with a “firm and definite conviction” that the court erred in its identification and valuation of the marital property.23 21 We note that the best interests determination is not a matter of simply…
  • Michael S. Berry v. April L. Berry, No. S19371 (Alaska May 20, 2026).unpublished 3 cites
    (We review de novo the question of whether a judge appears biased, which is assessed under an objective standard.” (quoting Mengisteab v. Oates, 425 P.3d 80, 85 (Alaska 2018)) (internal quotation marks omitted))
  • Jessie C. Rice v. Alfred Kookesh, No. S19269 (Alaska Apr. 29, 2026).unpublished 2 cites
    To determine whether a substantial change in circumstances has occurred, the superior court must “compare current circumstances to a ‘baseline’ at the time of 7 Punches v. McCarrey Glen Apartments, LLC, 480 P.3d 612, 619 (Alaska 2021) (int…
  • Festus K. Jibade v. Olukemi A. Ogunniyi, No. S19271 (Alaska Dec. 31, 2025).unpublished 3 cites
    Servs., Inc., 522 P.3d 1085, 1093 (Alaska 2023)) (internal quotation marks omitted). 7 Layton v. O’Dea, 515 P.3d 92, 100-01 (Alaska 2022) (quoting Downs v. Downs, 440 P.3d 294, 297 (Alaska 2019)). 8 Id. at 101 (second and third alteration…
  • John M. v. Michelle M., No. S18839 (Alaska Apr. 16, 2025).unpublished 2 cites
    Servs., 522 P.3d 1085, 1093 (Alaska 2023) (quoting Luther v. Lander, 373 P.3d 495, 499 (Alaska 2016)). 10 Downs v. Downs, 440 P.3d 294, 297 (Alaska 2019) (quoting Mengisteab v. Oates, 425 P.3d 80, 85 (Alaska 2018)). -6- 2086 “[p]ursuant to…
  • Heather Craft-Johnson v. Christopher Mills, No. S18824 (Alaska Feb. 26, 2025).unpublished 2 cites
    And she claims that she was denied due process when the court did not inform the parties it would decide custody. 6 Geldermann, 428 P.3d at 482 (quoting Lashbrook v. Lashbrook, 957 P.2d 326, 328 (Alaska 1998)). 7 Downs v. Downs, 440 P.3d 2…
  • Gregory Numann v. Diane Gallant, 555 P.3d 527 (Alaska 2024).published
    Overall, the court found that its division of the marital property was fair and equitable, met the parties’ need for finality, and was “consistent with the goal that the parties divide their assets 50/50 except for the home.” 8 Numann appe…
  • Cari Jo Rousselle v. Charles Britt Ward, Jr., No. S18645 (Alaska May 1, 2024).unpublished
    STANDARD OF REVIEW Trial courts enjoy broad discretion when deciding disputes over child custody and “whether a proposed child custody modification is in the best interests of the child.”6 We will only overrule a best interests determinati…
  • Angelica C. v. Jonathan C., 519 P.3d 334 (Alaska 2022).published 2 cites
    Servs., Div. of Family & Youth Servs., 79 P.3d 50, 53 (Alaska 2003)). 38 Downs v. Downs, 440 P.3d 294, 297 (Alaska 2019) (quoting Mengisteab v. Oates, 425 P.3d 80, 85 (Alaska 2018)). -12- 7625 protect the victims of sexual abuse.
  • Robert W. Gottstein v. Jo Gottstein, No. S18042 (Alaska Sept. 14, 2022).unpublished
    Robert argues that by granting a charging order “to satisfy a debt not yet due,” the court “clearly 4 del Rosario v. Clare, 378 P.3d 380 , 383 n.8 (Alaska 2016); see also Brown v. Brown, 983 P.2d 1264, 1267 (Alaska 1999). 5 del Rosario, 37…
Show 5 more citing cases
  • Orville Wesley Jenkins Layton v. Mary Tabitha O'Dea, 515 P.3d 92 (Alaska 2022).published 5 cites
    We review the characterization of property as separate or marital for clear error with respect to any “[u]nderlying factual findings as to the parties’ intent, actions, and contributions to the marital estate,” and de novo with respect to…
  • Brian Edward Miller v. Loreta Miller, No. S17934 (Alaska May 11, 2022).unpublished 2 cites
    Second, the superior court identifies the value of the property.8 This valuation of property is also a factual determination that we review for clear error.9 “The [superior] court’s factual findings enjoy particular deference when they are…
  • Morgan H. Smith v. Scott L. Smith, Jr., No. S17451 (Alaska Jan. 13, 2021).unpublished 2 cites
    STANDARD OF REVIEW We review for abuse of discretion a superior court’s orders to impose discovery sanctions,1 to award attorney’s fees,2 and to dismiss a case with prejudice for failure to follow court orders.3 “A decision constitutes abu…
  • S.P. v. M.G., No. S17300 (Alaska Aug. 14, 2019).unpublished 3 cites
    STANDARD OF REVIEW We review “de novo the question of whether a judge appears biased, which is assessed under an objective standard.”1 “We review for abuse of discretion ‘decisions about guidance to a pro se litigant.’ ”2 Self-represented…
  • Cline v. Duckett, No. S-19197, 2026 WL 2068035 (Alaska July 17, 2026).published 12 cites
    To the extent that Cline appears to dispute the amount of support ordered, we also note that the $1,280 figure was supported by the record as a reasonable calculation of actual funds spent. 52 Schmitz v. Schmitz , 88 P.3d 1116, 1124 (Alask…
At page 300 Determining judicial bias and guardian appointment standards11 citing cases“judicial bias may . . . arise during the course of judicial proceedings if 'a judicial officer hears, learns, or does something intrajudicially so prejudicial that further participation would be unfair.”3 citing courts quote it
  • Connie Bennett v. Erik Hultgren, No. S18428 (Alaska Mar. 13, 2024).unpublished
    ([J]udicial bias may . . . arise during the course of judicial proceedings if ‘a judicial officer hears, learns, or does something intrajudicially so prejudicial that further participation would be unfair.’)
  • Michael S. Berry v. April L. Berry, No. S19371 (Alaska May 20, 2026).unpublished 3 cites
    A court may not grant a motion to modify custody unless it determines both that there has been a substantial change in circumstances and that modification is in the child’s best interests.9 The burden is on the moving party to 5 J.M. v. S.…
  • Jessie C. Rice v. Alfred Kookesh, No. S19269 (Alaska Apr. 29, 2026).unpublished 2 cites
    To determine whether a substantial change in circumstances has occurred, the superior court must “compare current circumstances to a ‘baseline’ at the time of 7 Punches v. McCarrey Glen Apartments, LLC, 480 P.3d 612, 619 (Alaska 2021) (int…
  • Leroy Oenga, Jr. v. Maria M. Givens, 582 P.3d 988 (Alaska 2026).published
    ([B]ias cannot ‘be inferred merely from adverse rulings.’ ” (quoting Kinnan v. Sitka Counseling, 349 P.3d 153, 160 (Alaska 2015)))
  • Festus K. Jibade v. Olukemi A. Ogunniyi, No. S19271 (Alaska Dec. 31, 2025).unpublished 3 cites
    Servs., Inc., 522 P.3d 1085, 1093 (Alaska 2023)) (internal quotation marks omitted). 7 Layton v. O’Dea, 515 P.3d 92, 100-01 (Alaska 2022) (quoting Downs v. Downs, 440 P.3d 294, 297 (Alaska 2019)). 8 Id. at 101 (second and third alteration…
  • Landon Rector v. Ammie Parker, No. S19103 (Alaska Oct. 8, 2025).unpublished
    The father argues in his reply brief, for the first time, that the judge was biased against him because she allowed the mother to refresh her recollection while on the witness stand and found that portions of testimony by the father and th…
  • Janice L. Park v. Bradley Brown, 549 P.3d 934 (Alaska 2024).published
    See, e.g., Mengisteab v. Oates, 425 P.3d 80, 90 (Alaska 2018). 60 Downs v. Downs, 440 P.3d 294, 300 (Alaska 2019) (quoting Brown v. State, 414 P.3d 660 , 661 n.3 (Alaska 2018) (Winfree, J., concurring in part and dissenting in part)). 61 I…
  • Orville Wesley Jenkins Layton v. Mary Tabitha O'Dea, 515 P.3d 92 (Alaska 2022).published 5 cites
    We review the characterization of property as separate or marital for clear error with respect to any “[u]nderlying factual findings as to the parties’ intent, actions, and contributions to the marital estate,” and de novo with respect to…
  • Nina T. v. Michael P., No. S18134 (Alaska July 13, 2022).unpublished
    She alleged that the child had bruises and marks 16 See Timothy W., 403 P.3d at 1101-02 . 17 See Neal & Co. v. City of Dillingham, 923 P.2d 89, 95 (Alaska 1996). 18 See Downs v. Downs, 440 P.3d 294, 300 (Alaska 2019) (quoting Hanson v. Han…
  • Jessica P. v. Gary P., No. S17688 (Alaska Mar. 17, 2021).unpublished
    We have never recognized a right to effective assistance of retained counsel in civil 9 Israel v. State, Dep’t of Corr., 460 P.3d 777, 786 (Alaska 2020). 10 Downs v. Downs, 440 P.3d 294, 300 (Alaska 2019) (quoting Brown v. State, 414 P.3d…
Show 1 more citing case
  • Michael S. Berry v. April L. Berry, No. S17232 (Alaska Dec. 11, 2019).unpublished
    Applying an objective standard of review,25 we conclude that there was no disqualifying judicial bias. 21 (...continued) 2018) (alteration in original) (citation omitted) (quoting Hanson v. Hanson, 36 P.3d 1181, 1184 (Alaska 2001)). 22 Dow…
At page 299 Reviewing factual findings for clear error10 citing casesestate because he "is now in the process of leaving protective custody and will live independently." His argument presents two issues: first, that the superior…opening of page *299 (no citing court says what it cites this page for)
  • John M. v. Michelle M., No. S18839 (Alaska Apr. 16, 2025).unpublished 2 cites
    Servs., 522 P.3d 1085, 1093 (Alaska 2023) (quoting Luther v. Lander, 373 P.3d 495, 499 (Alaska 2016)). 10 Downs v. Downs, 440 P.3d 294, 297 (Alaska 2019) (quoting Mengisteab v. Oates, 425 P.3d 80, 85 (Alaska 2018)). -6- 2086 “[p]ursuant to…
  • Antonnette N. v. Torey M., No. S18694 (Alaska July 10, 2024).unpublished
    See, e.g., Mengisteab v. Oates, 425 P.3d 80, 90 (Alaska 2018). 25 Downs v. Downs, 440 P.3d 294, 299-300 (Alaska 2019) (footnote omitted) (quoting Kinnan v. Sitka Counseling, 349 P.3d 153, 160 (Alaska 2015)). 26 Id. at 300 (quoting Brown v.…
  • Francisco Velasco III v. Juliana Meinders, No. S18506 (Alaska Nov. 15, 2023).unpublished
    In Ward v. Urling, we held that a father’s “allegations of bias [were] simply another iteration of his own discontent with the court’s substantive rulings,” and rejected his argument that the judge was biased.27 Velasco, like Ward, fails t…
  • Jacqueline Campbell v. Ishmael Leeray Schmidt, No. S18482 (Alaska Aug. 9, 2023).unpublished
    Civ. P. 4(d). 28 See Greenway v. Heathcott, 294 P.3d 1056, 1063 (Alaska 2013); Downs v. Downs, 440 P.3d 294, 299 (Alaska 2019). 29 Downs, 440 P.3d at 299 -300 (quoting Brown v. State, 414 P.3d 660 , 661 n.3 (Alaska 2018) (Winfree, J., conc…
  • Angelica C. v. Jonathan C., 519 P.3d 334 (Alaska 2022).published 2 cites
    Servs., Div. of Family & Youth Servs., 79 P.3d 50, 53 (Alaska 2003)). 38 Downs v. Downs, 440 P.3d 294, 297 (Alaska 2019) (quoting Mengisteab v. Oates, 425 P.3d 80, 85 (Alaska 2018)). -12- 7625 protect the victims of sexual abuse.
  • Orville Wesley Jenkins Layton v. Mary Tabitha O'Dea, 515 P.3d 92 (Alaska 2022).published 5 cites
    We review the characterization of property as separate or marital for clear error with respect to any “[u]nderlying factual findings as to the parties’ intent, actions, and contributions to the marital estate,” and de novo with respect to…
  • Billy E. Womack v. Gina M. Jones, Darryl L. Jones, & Tarri Harrold-Jones, Billy E. Womack v. Gina M. Jones, Darryl L. Jones, & Tarri Harrold-Jones, No. S17932, S17991 (Alaska May 18, 2022).unpublished
    A party claiming a disqualifying judicial bias must prove “that the court formed an unfavorable opinion of the party from extrajudicial information,” Downs v. Downs, 440 P.3d 294, 299 (Alaska 2019), or that the court heard, learned, or did…
  • David D. v. Marissa D., No. S17907 (Alaska Nov. 17, 2021).unpublished
    Safety, 169 P.3d 573, 592 (Alaska 2007) (explaining that we review superior court’s procedural decisions for abuse of discretion). 29 Downs v. Downs, 440 P.3d 294, 299-300 (Alaska 2019). 30 Id. at 300 (quoting Brown v. State, 414 P.3d 660…
  • Lawrence E. Vogltanz Jr. v. Stacy Arleen Stinson, No. S17675 (Alaska July 7, 2021).unpublished
    CONCLUSION The superior court’s December 2019 order and writ of assistance are AFFIRMED. 25 Downs v. Downs, 440 P.3d 294, 299-300 (Alaska 2019). 26 Id. at 300 (quoting Brown v. State, 414 P.3d 660 , 661 n.3 (Alaska 2018) (Winfree, J., conc…
  • Jennifer L. v. Geoffrey G., No. S17698 (Alaska May 19, 2021).unpublished
    A party claiming bias must prove that the judge “formed an unfavorable opinion of the party from extrajudicial information”22 or that the judge “hear[d], learn[ed], or d[id] something intrajudicially so prejudicial that further participati…
At page 298 Guiding trial court property division factors and deference6 citing casesWhere the trial court makes these threshold findings, we generally will not reevaluate the merits of the property division.” (quoting Cartee v. Cartee, 239 P.3d 707, 713 (Alaska 2010))1 citing court put it this way
  • Festus K. Jibade v. Olukemi A. Ogunniyi, No. S19271 (Alaska Dec. 31, 2025).unpublished 3 cites
    Servs., Inc., 522 P.3d 1085, 1093 (Alaska 2023)) (internal quotation marks omitted). 7 Layton v. O’Dea, 515 P.3d 92, 100-01 (Alaska 2022) (quoting Downs v. Downs, 440 P.3d 294, 297 (Alaska 2019)). 8 Id. at 101 (second and third alteration…
  • Lydia May v. Jon-Marc Petersen, 565 P.3d 194 (Alaska 2025).published
    (Where the trial court makes these threshold findings, we generally will not reevaluate the merits of the property division.” (quoting Cartee v. Cartee, 239 P.3d 707, 713 (Alaska 2010)))
  • Heather Craft-Johnson v. Christopher Mills, No. S18824 (Alaska Feb. 26, 2025).unpublished 2 cites
    And she claims that she was denied due process when the court did not inform the parties it would decide custody. 6 Geldermann, 428 P.3d at 482 (quoting Lashbrook v. Lashbrook, 957 P.2d 326, 328 (Alaska 1998)). 7 Downs v. Downs, 440 P.3d 2…
  • Mary Teresa Arthur v. Dominic William Arthur, No. S17937 (Alaska Sept. 7, 2022).unpublished 2 cites
    Teresa relies on our Day v. Williams decision that a superior court’s property division was not supported by sufficient findings to permit meaningful appellate review.25 Factors in Day, including the difference in income between the partie…
  • Brian Edward Miller v. Loreta Miller, No. S17934 (Alaska May 11, 2022).unpublished 2 cites
    Second, the superior court identifies the value of the property.8 This valuation of property is also a factual determination that we review for clear error.9 “The [superior] court’s factual findings enjoy particular deference when they are…
  • Cline v. Duckett, No. S-19197, 2026 WL 2068035 (Alaska July 17, 2026).published 12 cites
    To the extent that Cline appears to dispute the amount of support ordered, we also note that the $1,280 figure was supported by the record as a reasonable calculation of actual funds spent. 52 Schmitz v. Schmitz , 88 P.3d 1116, 1124 (Alask…
At page 296 Facts regarding marital estate division and incapacity1 citing caseThe parties separated after Deborah sought a domestic violence protective order against Errol in January 2013. Deborah alleged that she feared for her safety…opening of page *296 (no citing court says what it cites this page for)
  • Laura Aubert v. Debra J. Wilson, 483 P.3d 179 (Alaska 2021).published
    Therefore, to the extent the court relied on this agreement in allocating the debt to the estate, doing so was an abuse 63 440 P.3d 294, 296, 299 (Alaska 2019). 64 Id. (citing AS 25.24.160(a)(4)(G)). 65 In reference to the superior court’s…
Retrieving the full opinion text from the archive…
Errol P. DOWNS
v.
Deborah DOWNS
Supreme Court No. S-16532.
Alaska Supreme Court.
May 3, 2019.
Published opinion
440 P.3d 294
Walter R. Arden, Anchorage, for Appellant., Rhonda F. Butterfield, Wyatt & Butterfield, LLC, Anchorage, for Appellee.
Bolger, Carney, Maassen, Stowers, Winfree.
Cited by 26 opinions  |  Published
Pinpoint authority: bottom 28%
CARNEY, Justice.

I. INTRODUCTION

A husband appeals the superior court's unequal property division in a divorce proceeding that gave the wife the majority of the marital estate. He argues that the superior court abused its discretion when dividing the property and that the property division was therefore inequitable. Because the property division was neither clearly unjust nor based on clearly erroneous factual findings, we affirm the superior court's decision.

II. FACTS AND PROCEEDINGS

Errol Downs and Deborah Downs were married in 1985. Errol suffered a heart attack in approximately 1988, had heart surgery in 1989, and did not return to work. Errol began collecting Social Security Disability Insurance in 1994. That same year, the parties moved to Alaska following Deborah's retirement from her job with the State of Oregon, eventually buying a house in Petersburg. She then took a job with the State of Alaska. Deborah worked for the State until her retirement in 2009.

[*296] The parties separated after Deborah sought a domestic violence protective order against Errol in January 2013. Deborah alleged that she feared for her safety because Errol was behaving strangely and threatening to hurt her. Around the same time that Deborah filed the domestic violence protective order, Errol moved out of the marital home and into a motel room. He lived at the motel until August when he was moved to the Petersburg Medical Center. Doctors diagnosed him with dementia, as well as depression, malnutrition, alcoholism, and other conditions.

Errol filed for divorce in October 2013. Approximately six months later Errol's attorney petitioned the probate court to appoint a guardian for Errol. The petition was granted, and a public guardian was appointed.[1] The following April Errol's leg was amputated above the knee, leaving him unable to walk. As a result of his significant healthcare needs, he moved to an assisted living facility in Anchorage.

In February 2016 Deborah filed a motion to dismiss the divorce complaint on the basis that Errol was not competent to get a divorce. At trial the superior court determined that Errol was competent, denied Deborah's motion to dismiss, and then proceeded to divide the marital estate.

Errol requested approximately 50% of the marital assets. His guardian testified regarding his financial needs and the impact that the property division could have on his eligibility for services, including Medicaid.[2] The guardian testified that he had an irrevocable trust that ensured his continuing eligibility for Medicaid,[3] a separate burial account,[4] a Permanent Fund Dividend account, and a checking account that had a balance of less than $ 2,000 (as required to maintain Medicaid eligibility).[5] At the time of trial Errol resided in a long-term healthcare facility. The cost of the facility was covered in large part by long-term care insurance he received as a beneficiary of Deborah's insurance plan.[6] The remainder of the monthly cost was covered by Medicaid.

Errol's guardian testified that if Errol received his proposed portion of the marital assets, they could be placed in his trust and then used to buy a home for him. She highlighted the importance of maintaining Errol's Medicaid eligibility but did not claim that he could not receive the benefit of his proposed share of the marital assets.

Deborah argued that all of the marital assets except 95% of her monthly Oregon state retirement benefit should be awarded to her. She argued that her Oregon state retirement benefit could pay for Errol's monthly health insurance premiums.[7] Deborah[*297] contended that this was equitable because all of Errol's needs were met by Medicaid and his long-term health insurance and because Errol had not identified any additional needs. Further, Deborah noted that at Errol's death assets in his trust would revert to the State of Alaska.[8]

The superior court granted the divorce. In its division of the marital assets, Errol received $ 31,680, which was 40% of the proceeds from the sale of the parties' boat and hand-troll fishing permit. He was also awarded 95% of Deborah's monthly Oregon state retirement benefit, as well as some household items. The court awarded Deborah the rest of the marital estate, including a car, the marital home (which was free of any mortgage and valued at $ 245,000), and her other retirement accounts.

To justify its division the court discussed the relevant statutory factors from AS 25.24.160(a)(4).[9] It found that Deborah was retired, 67 years old, and needed the marital assets to live comfortably for the rest of her life. It also found that, because Errol needed to maintain Medicaid eligibility, his assets were in an irrevocable trust and that any assets in that trust would revert to the State of Alaska upon his death. It specifically found that Errol was unlikely to ever live independently, that all of his needs were met by Medicaid and long-term health insurance, and that he had been unrealistic about his potential future living situation.

Errol now appeals the superior court's unequal property division.

III. STANDARD OF REVIEW

When dividing marital property in a divorce proceeding, the trial court must complete three steps: "(1) determin[e] what property is available for distribution, (2) find[ ] the value of the property, and (3) divid[e] the property equitably."[10]

Errol only appeals the third step: the superior court's division of property, which we review for abuse of discretion[11] and will reverse only if it is "clearly unjust" or "based on a clearly erroneous factual finding or mistake of law."[12] We review factual findings for clear error, reversing "if, upon review of the entire record, we are left with a firm and definite conviction that a mistake has been made."[13]

"An equal division of property is presumptively equitable, but the trial court has broad discretion in this area."[14] "Sometimes ... an unequal division may be required to achieve equity."[15]

"We review de novo the question of whether a judge appears biased, which is assessed under an objective standard."[16]

[*298] IV. DISCUSSION

"In dividing property, either equally or unequally, trial courts should be guided by the [ AS 25.24.160(a)(4) ] factors."[17] These statutory factors are "not exhaustive, and the trial court need not make findings pertaining to each factor, but its findings must be sufficient to indicate the factual basis for the conclusion reached."[18] "Where the trial court makes these threshold findings, we generally will not reevaluate the merits of the property division."[19] "The trial court's factual findings enjoy particular deference when they are based 'primarily on oral testimony, because the trial court, not this court, judges the credibility of witnesses and weighs conflicting evidence.' "[20]

On appeal, Errol argues that the superior court abused its discretion for three primary reasons: (1) the court improperly considered Deborah's and her parents' contributions to the marriage; (2) the court improperly based its division of property upon the fact that Errol would never live independently; and (3) the court was biased against Errol.

A. The Superior Court Properly Considered Deborah's And Her Parents' Contributions To The Marital Estate.

Errol claims that the superior court erred by improperly considering Deborah's and her parents' contributions to the marital estate when dividing the property. He argues that these contributions were marital property and therefore the superior court should have divided them equally. However, Errol mischaracterizes the superior court's decision. The superior court did not distinguish these contributions as separate property that should be returned to Deborah after the divorce;[21] rather, it merely considered the fact that Deborah and her parents made these contributions to the marital estate as a relevant factor when dividing the property. We have previously held that a superior court may consider such contributions as relevant when dividing marital property,[22] and the superior court was within its discretion to consider them here.

B. The Superior Court Did Not Clearly Err In Finding That Errol Could Not Live Independently Or Abuse Its Discretion In Considering That Finding When Dividing The Marital Estate.

Errol contends that the superior court wrongly relied on its finding that he could not live independently when it divided the marital estate. The court based its property division primarily on the fact that Deborah's needs far outweighed Errol's because she was living independently and he would need to remain in assisted living for the rest of his life. It further found that Errol lived comfortably and all of his needs were being met in assisted living. The superior court concluded that in order to maintain his comfortable living situation and continue to have his needs met, Errol needed to remain eligible for Medicaid. Errol's Medicaid eligibility, in turn, required him to maintain his current economic condition.

Errol argues that the superior court abused its discretion in dividing the marital[*299] estate because he "is now in the process of leaving protective custody and will live independently." His argument presents two issues: first, that the superior court clearly erred in finding that he would never live independently; and second, that the superior court's property division was an abuse of discretion because it relied on this erroneous fact.

Errol contends that the superior court "did not pay enough attention" to evidence suggesting that Errol could eventually live independently. But this argument ignores the contrary evidence before the superior court: testimony from Errol's guardian and Deborah, as well as neuropsychological reports and doctor recommendations, all of which the superior court found to be more credible than Errol's testimony.

We review factual findings for clear error, reversing only if "we are left with a firm and definite conviction that a mistake has been made."[23] Because it is the trial court, not this court, that judges the credibility of witnesses and weighs conflicting evidence, "[t]he trial court's factual findings enjoy particular deference."[24] The superior court's factual finding that Errol was unable to live independently was supported by the evidence, so "we are [therefore not] left with a firm and definite conviction that a mistake has been made."[25]

Errol next seems to argue that because the superior court erred by concluding that he could not live independently, it also erred by relying on that finding when dividing the marital estate. He argues that because the superior court incorrectly found that he could not live independently, it also incorrectly found that Deborah's needs were greater. He then argues that because these findings were clearly erroneous, the superior court abused its discretion by relying upon them to divide the property unequally. But, as we have discussed, the superior court did not err in finding that Errol could not live independently. The superior court therefore did not err by relying on that finding when it found that Deborah's needs were necessarily greater.

Further, AS 25.24.160(a)(4)(G) specifically instructs trial courts to consider "the circumstances and necessities of each party" when dividing a marital estate. Here, the superior court considered both Errol's and Deborah's needs. It concluded that Errol could not live independently and that his needs were being met in assisted living, that he needed to maintain a certain economic condition to remain eligible for Medicaid and therefore remain in assisted living, and that Deborah would continue to live independently and therefore have greater needs. Based on a consideration of its factual findings regarding the parties' individual needs, the court awarded Deborah a greater portion of the marital estate. Because AS 25.24.160(a)(4)(G) specifically directs the superior court to consider these findings and these findings were not clearly erroneous, the superior court did not abuse its discretion.

C. There Was No Bias Against Errol.

Errol argues that the court's division of assets demonstrates that the judge was biased against him and in favor of Deborah. He argues that: (1) the judge unfairly believed Errol could have returned to work if he drank less; (2) the judge inappropriately considered the domestic violence protective order Deborah obtained against Errol; (3) the judge inappropriately called Errol "delusional"; and (4) the judge inappropriately considered "how wonderful Deborah ha[d] been in the marriage." Errol makes this argument for the first time in his brief; he did not raise the issue of bias at trial.[26]

We have repeatedly held that a party must demonstrate that the court formed an unfavorable opinion of the party from extrajudicial information[27] and that[*300] bias cannot "be inferred merely from adverse rulings."[28] But judicial bias may also arise during the course of judicial proceedings if "a judicial officer hears, learns, or does something intrajudicially so prejudicial that further participation would be unfair."[29] Errol does not argue that the judge considered any extrajudicial information, nor does he offer evidence of anything that occurred during the proceedings aside from the judge's adverse rulings. The comments and findings that Errol argues show bias were "the result of opinions and attitudes formed in court by the evidence that the judge heard."[30] We therefore find that the superior court judge was not biased against Errol.

V. CONCLUSION

We AFFIRM the superior court's property division.

1

Alaska Statutes 13.26.700 -.750 authorize the appointment of a public guardian who "has the same powers and duties with respect to the public guardian's wards and protected persons as a private guardian or conservator." AS 13.26.720(a) ; see AS 13.26.316 (general powers and duties of guardian). Before appointing a public guardian, the court must determine that "the person is unable to manage [his or her own] property and affairs effectively for reasons such as mental illness, mental deficiency, [or] physical illness or disability" and that "the person has property that will be wasted or dissipated unless proper management is provided, or that funds are needed for the support, care, and welfare of the person." AS 13.26.401(2)(A)-(B). A public guardian is appointed when no suitable private guardian or conservator is available. AS 13.26.710(b).

2

Medicaid is a health insurance program for low-income, disabled, and other eligible individuals. See AS 47.07.010 ; AS 47.07.020 ; 7 Alaska Administrative Code (AAC) 100.002(b) (2018). Medicaid eligibility is, in part, based on income and assets. See 7 AAC 100.002(b) ; 7 AAC 40.270 ; 7 AAC 40.310.

3

This is a "pooled trust" authorized by 7 AAC 100.614. With the trust Errol can retain assets, and though he cannot access the trust himself, any amount can be spent on his behalf without disqualifying him from Medicaid. See 7 AAC 100.606. There is no cap on the amount in the irrevocable trust account.

4

Certain exempt resources are not counted when determining Medicaid eligibility. 7 AAC 40.280. Money designated for funeral costs is exempt. 7 AAC 40.280(a)(7).

5

See 7 AAC 40.270(a)(1).

6

Deborah's insurance paid approximately $ 8,000 per month toward the cost of Errol's care at the facility.

7

Deborah's retirement benefit from Oregon would cover the monthly cost for Errol to purchase general health insurance under Deborah's plan for the immediate future.

8

The balance of Errol's irrevocable asset trust will revert to the State of Alaska upon his death to reimburse the State for any Medicaid payments it made on Errol's behalf: "A recognized Medicaid trust document must provide that upon termination of the trust by death of the recipient, any money remaining in the trust must be paid to the state, up to the amount the state paid in Medicaid benefits for the recipient while the trust existed." 7 AAC 100.608(b).

9

These factors include: (1) "the length of the marriage"; (2) the parties' ages and health; (3) the parties' earning capacities; (4) the parties' financial condition, including cost and access to health insurance; (5) the parties' conduct and "whether there has been unreasonable depletion of marital assets"; (6) "the desirability of awarding the family home ... to the party who has primary physical custody of children"; (7) "the circumstances and necessities of each party"; (8) the time and manner in which the parties acquired the property; and (9) the value and income-producing capacity of the property.

10

Dunmore v. Dunmore , 420 P.3d 1187, 1190 (Alaska 2018) (quoting Wagner v. Wagner , 386 P.3d 1249, 1251 (Alaska 2017) ); see also Jones v. Jones , 942 P.2d 1133, 1136 (Alaska 1997).

11

Dunmore , 420 P.3d at 1190 (quoting Wagner , 386 P.3d at 1251 ).

12

Fletcher v. Fletcher , 433 P.3d 1148, 1152 (Alaska 2018) (quoting Dunmore , 420 P.3d at 1190 ).

13

Dunmore , 420 P.3d at 1190 (quoting Fortson v. Fortson , 131 P.3d 451, 456 (Alaska 2006) ).

14

Brennan v. Brennan , 425 P.3d 99, 106 (Alaska 2018) (footnote omitted).

15

Jones , 942 P.2d at 1137.

16

Mengisteab v. Oates , 425 P.3d 80,85 (Alaska 2018) (quoting Wells v. Barile , 358 P.3d 583, 588 (Alaska 2015) ).

17

Jones , 942 P.2d at 1137.

18

Nicholson v. Wolfe , 974 P.2d 417, 422 (Alaska 1999) (footnote omitted).

19

Cartee v. Cartee , 239 P.3d 707, 713 (Alaska 2010) ; see also Jerry B. v. Sally B. , 377 P.3d 916, 938 (Alaska 2016) ("[T]he superior court has significant discretion 'to ascribe different weights to [the AS 25.24.160(a)(4) ] factors upon hearing the evidence at trial.' " (quoting Cartee , 239 P.3d at 715 ) (second alteration in original)).

20

Limeres v. Limeres , 320 P.3d 291, 296 (Alaska 2014) (quoting Sheffield v. Sheffield , 265 P.3d 332, 335 (Alaska 2011) ).

21

See Lewis v. Lewis , 785 P.2d 550, 558 (Alaska 1990) ("[A]ll property acquired during the marriage is available for distribution, excepting only inherited property and property acquired with separate property[,] which is kept as separate property.").

22

See Fortson v. Fortson , 131 P.3d 451, 459 (Alaska 2006) ("We have held that contributions of separate property may be relevant to equitable division."); Green v. Green , 29 P.3d 854, 860 (Alaska 2001) ("We have recognized that premarital contributions to the marital estate may be relevant to the equitable division, even though this is not a factor specifically listed in AS 25.24.160(a)(4)." (footnote omitted)).

23

Dunmore v. Dunmore , 420 P.3d 1187, 1190 (Alaska 2018) (quoting Fortson , 131 P.3d at 456 ).

24

Limeres , 320 P.3d at 296 (quoting Sheffield , 265 P.3d at 335 ).

25

Dunmore , 420 P.3d at 1190.

26

See Greenway v. Heathcott , 294 P.3d 1056, 1063 (Alaska 2013) (assuming without deciding that bias raised for the first time on appeal was properly before the court).

27

See Berry v. Berry , 277 P.3d 771, 774 (Alaska 2012) (" 'In order to prove a claim of judicial bias,' a party must show that the judge 'formed an opinion of him from extrajudicial sources.' " (quoting Peterson v. Ek , 93 P.3d 458, 467 (Alaska 2004) )).

28

Kinnan v. Sitka Counseling , 349 P.3d 153, 160 (Alaska 2015) (quoting Khalsa v. Chose , 261 P.3d 367, 376 (Alaska 2011) ).

29

Brown v. State , 414 P.3d 660, 661 n.3 (Alaska 2018) (Winfree, J., concurring in part and dissenting in part) (citing Jerry B. v. Sally B. , 377 P.3d 916, 925 (Alaska 2016) ; Grace L. v. State, Dep't of Health & Soc. Servs., Office of Children's Servs. , 329 P.3d 980, 988-89 (Alaska 2014) ; R.J.M. v. State, Dep't of Health & Soc. Servs. , 946 P.2d 855, 869-70 (Alaska 1997)superseded by statute on other grounds , ch. 99 §§ 1, 18, SLA 1998); see also Greenway , 294 P.3d at 1064 (suggesting that something "in the court's 'demeanor, tone, or words' " could "indicate[ ] actual bias or give[ ] an appearance of bias").

30

Hanson v. Hanson , 36 P.3d 1181, 1186 (Alaska 2001).