Alston v. Alston

ROBERT M. BELL,

dissenting.

I dissent.

The majority holds that,

Where one party, wholly through his or her own efforts, and without and direct or indirect contribution by the other, acquires a specific item of martial property after the parties have separated and after the marital family, as a practical matter, ceased to exist, a monetary award representing an equal division of that particular property would not ordinarily be consonant with the history of the purpose of the statute.

Op. at 507. The majority seeks to achieve a result that it believes is just and fair. Unable, under the existing…