Onstot v. Onstot

Summary

The Nebraska Supreme Court reviewed a dissolution decree involving the division of premarital-home equity and support for a mentally ill spouse under Neb. Rev. Stat. § 42-362. The court affirmed the inclusion of the home's equity in the marital estate and the $700 monthly spousal-support award, but extended the refinancing period to six months after issuance of the mandate. It vacated the condition terminating support upon the recipient's cohabitation, while recognizing that cohabitation and improved financial circumstances may support a later modification.

Holdings

1. Although equity existing at the time of marriage in property acquired before marriage is generally nonmarital, the party claiming nonmarital treatment bears the burden of proving the amount of that equity. Because Mark failed to establish the residence's mortgage balance or equity at the time of marriage, the district court properly included the entire equity in the marital estate.
2. The district court abused its discretion by requiring Mark to refinance the residence and pay Maria within 60 days. The deadline was extended to six months from the filing of the mandate in the district court.
3. The court would not consider Mark's challenge to temporary spousal support because the relevant hearing evidence was not preserved in a bill of exceptions.
4. The $700-per-month continuing spousal support award under Neb. Rev. Stat. § 42-362 was not an abuse of discretion and was affirmed.
5. A trial court may not condition termination of spousal support upon the former spouse's cohabitation with another person. The cohabitation-termination provision was vacated.

Questions Presented

1. Whether the district court properly included the entire equity in Mark's premarital residence in the marital estate when Mark failed to prove the residence's premarital equity.
2. Whether the district court abused its discretion by requiring Mark to refinance the residence and pay Maria for her share of the equity within 60 days.
3. Whether the appellate court could review the award of temporary spousal support when the relevant evidence was not preserved in a bill of exceptions.
4. Whether the district court abused its discretion in awarding Maria $700 per month in continuing support under Neb. Rev. Stat. § 42-362.
5. Whether the district court could provide that Maria's spousal support would terminate upon her cohabitation with a significant other.

Disposition

other