Marshall v. Marshall
298 Neb. 1
| Neb. | 2017Background
- Amy and Brian Marshall married in 1993; dissolved in 2013 with trial in 2014; Merck personal injury settlement was received during marriage but the release allocated no specific category; net settlement proceeds were $330,621.14 after fees; most proceeds were spent during marriage including mortgage payoff and home remodeling; court allocated portions of the settlement to marital vs nonmarital interests using Parde v. Parde principles; Court of Appeals reversed parts of the district court’s rulings, prompting Supreme Court review; Supreme Court affirmed the decree and remanded with directions to affirm.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Classification of Merck settlement proceeds | Amy proved nonmarital portion based on personal losses | Appeals court erred in recognizing nonmarital share | Trial court properly classified a nonmarital portion; Court of Appeals reversed |
| Calculation of Brian's income for child support | Court of Appeals erred by revising income to $6,000 | District court properly used $7,000 after weighing conflicting evidence | No abuse; district court's income figure for child support stands |
| Alimony reconsideration on remand | Alimony should be recalculated consistent with new estate divisions | Remand would affect alimony conclusion | Alimony issue mooted; no reconsideration necessary |
| Remand for recalculation of marital estate and related orders | Remand required recalculation based on nonmarital classification | Remand unnecessary beyond earlier rulings | Court of Appeals' remand reversed; decree affirmed |
Key Cases Cited
- Parde v. Parde, 258 Neb. 101 (1999) (analytic approach to allocation of settlement proceeds; burden on claimant to prove nonmarital portion)
- Donald v. Donald, 296 Neb. 123 (2017) (affirming deference to trial court’s factual findings on equitable distribution)
- Erin W. v. Charissa W., 297 Neb. 143 (2017) (flexible, fact-specific income for child support; not rigid tax-based definition)
- Gangwish v. Gangwish, 267 Neb. 901 (2004) (allocation principles in child support; abuse of discretion standard)