Alimony Award Greater than Monthly Income

The Nebraska Supreme Court has upheld a district court’s determination that a 95 year old man should pay $3,302.60 a month in alimony; an amount greater than his monthly income. Of note is that the wife required special nursing home care, costing substantially more than the income she received from social security and various other sources. The monthly deficient from the wife’s nursing care matched the amount her former husband was order to pay as alimony.

A trial court has substantial discretion to determine the amount of alimony due in a specific situation. The court will evaluate the duration of the marriage, the history and contributions to the marriage, and the ability of the person receiving funds to be gainfully employed. Once a trial court makes a decision, it will be difficult to have it changed by an appellate court unless the award is truly egregious or in violation of a law.

In this case, the husband sought the divorce once the wife had expensive medical needs. Although the alimony payment is greater than the husband’s monthly income, the court cited substantial agricultural property acquired by the husband prior to marriage which could be sold to pay the monthly alimony. This ruling suggests that in specific instances, a court will evaluate the total assets of the divorcing couple, including non-marital assets, when determining alimony payments. The Court’s decision could have substantial impact on couples divorcing due to irreconcilable differences and also those obtaining a divorce in an attempt to protect the assets of one spouse from being depleted for the care of the other.

© 2015 Houghton Vandenack Williams

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