Indian Gaming > Court: Per capita payments are marital assets

August 24, 2006

Court: Per capita payments are marital assets

Per capita payments from tribal casino revenues are marital assets and subject to division in case of divorce, the Minnesota Court of Appeals ruled on Tuesday.

In what is considered the first decision of its kind, the court ruled 2-1 that casino profits can be claimed by ex-spouses. The court said per capita payments are considered "income" under state law [Ruling: In re the Marriage of: Jeremy James Zander vs. Melinda Alice Zander].

According to the decision, members of the Shakopee Mdewakanton Sioux Community receive about $84,000 per month in casino profits. "'Income' means any form of periodic payment to an individual," the court wrote, citing state law. "And income acquired from a nonmarital asset during a marriage is marital property that is divisible between parties upon dissolution."

The case involved Melinda Alice Zander, 31, a tribal member, and James Zander, 30, a non-tribal member. Neither were employed during their marriage.

Get the Story:
Court gives ex-husband share of tribal casino profits (The St. Paul Pioneer Press 8/24)
Ex-Spouses Entitled To Tribal Casino Profits (AP 8/24)