Nelson v. Richardson-Nelson
30 Neb. Ct. App. 15
| Neb. Ct. App. | 2021Background
- Parties cohabited beginning in Colorado (1996); obtained a Colorado marriage license in July 1997 but did not file it or hold a ceremony; they moved to Nebraska in September 1998.
- They had a formal wedding ceremony and filed a Nebraska marriage certificate in July 2011.
- The couple lived together continuously until separating in February 2019; both raised children from prior relationships.
- At trial, testimony conflicted about whether the 1997 license, holding out as married, and other conduct established a Colorado common-law marriage.
- Trial court found a Colorado common-law marriage beginning July 1997, divided marital estate (including awarding the residence to Elizabeth), and ordered Darryl to pay $1,050/month alimony from Oct. 1, 2020 through Oct. 1, 2030.
- Darryl appealed, arguing (1) no Colorado common-law marriage existed in 1997 and (2) the alimony amount/duration was an abuse of discretion.
Issues
| Issue | Plaintiff's Argument (Nelson) | Defendant's Argument (Richardson-Nelson) | Held |
|---|---|---|---|
| Existence of a Colorado common-law marriage (1997) | License not filed; no ceremony; insufficient evidence of mutual intent or requisite indicia | Parties held themselves out as married, obtained license, used spousal terms, family recognized marriage; conduct shows mutual intent | Affirmed: trial court did not abuse discretion; evidence (holding out, testimony, family recognition, joint conduct) supported Colorado common-law marriage beginning July 1997 |
| Amount and duration of alimony ($1,050/mo to 2030) | Award is patently unfair given alleged shorter marriage date, Darryl’s income changes, Elizabeth’s work ability and contributions | Lengthy marriage and disparity in economic circumstances justified award; court considered statutory factors and equities | Affirmed: court considered appropriate factors; award not unreasonable or an abuse of discretion |
Key Cases Cited
- People v. Lucero, 747 P.2d 660 (Colo. 1987) (common-law marriage established by mutual consent followed by mutual and open assumption of marital relationship)
- Hogsett v. Neale, 478 P.3d 713 (Colo. 2021) (refines Lucero: focus on mutual intent to enter marital relationship and conduct manifesting that agreement)
- Dycus v. Dycus, 307 Neb. 426 (Neb. 2020) (marital dissolution reviewed de novo on the record for abuse of discretion on custody, support, property, alimony, fees)
- Dooling v. Dooling, 303 Neb. 494 (Neb. 2019) (factors for property division and alimony: circumstances, duration, contributions, supported party’s ability to work)
- Grothen v. Grothen, 308 Neb. 28 (Neb. 2020) (alimony is not to equalize incomes though income disparity can justify alimony)
- Spitz v. T.O. Haas Tire Co., 283 Neb. 811 (Neb. 2012) (Nebraska does not permit creation of common-law marriage by agreement/cohabitation/reputation)
- Wiedel v. Wiedel, 300 Neb. 13 (Neb. 2018) (duration of alimony award must be reasonable)