The Tribal Court may include in any judgment of divorce appropriate
provisions awarding to a party all or a portion of the marital property
as appears to the Tribal Court to be equitable under all the circumstances
of the case. The Tribal Court shall also allocate the marital financial
obligations of the parties, in whole to either party, or partially
to each party. The judgment, upon becoming final, shall have the same
force and effect as a quitclaim deed of the real estate, if any, or
a bill of sale of the personal property, if any, given by the party's
spouse to the party.
Upon entry of a judgment of divorce, if the marital property
awarded to either party is insufficient for the suitable support and
maintenance of either party or any children of the marriage who are
committed to the care and custody of either party, the Tribal Court
may also award to either party the part of the separate real and personal
estate or retirement benefits of either party. The Tribal Court may
order such separate property to be paid to either party in gross or
otherwise as the Tribal Court considers just and reasonable, after
considering the ability of either party to pay and the character and
situation of the parties, and all the other circumstances of the case.
Religious, cultural, or ceremonial property shall not be subject to
invasion or division.
The Tribal Court shall value the marital estate based upon either
the date of separation, filing, trial, judgment, or any other appropriate
date to facilitate equitable distribution under all the circumstances
of the case.