834 N.W.2d 620
Neb. Ct. App.2013Background
- Katrina and Kurt Becker married Jan 20, 1990; two children, one minor at dissolution
- Katrina filed for dissolution Feb 13, 2012; Kurt counterclaimed for dissolution
- Temporary order granted joint custody; Katrina sole possession of marital home; Kurt awarded child support; no temporary alimony
- Trial held Jul 20, 2012; parties largely agreed on issues except alimony/fees and asset division
- District court divided assets roughly 50/50; Katrina paying Kurt $904/mo child support and $2,000/mo alimony for 84 months
- Katrina appeals the alimony award; appellate review de novo on the record with deferential standard for abuse of discretion
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the alimony award was an abuse of discretion | Becker argues Kurt does not need alimony given income | Becker contends disparity and equities justify alimony | No abuse; award upheld |
Key Cases Cited
- Hosack v. Hosack, 267 Neb. 934 (Neb. 2004) (alimony factors include income, equities, and disparity)
- Smith v. Smith, 20 Neb. App. 192 (Neb. App. 2012) (de novo review of alimony with abuse of discretion standard)
- Titus v. Titus, 19 Neb. App. 751 (Neb. App. 2012) (need not be sole factor; consider multiple factors)