Liming v. Liming

Summary

The Nebraska Supreme Court considered whether a former spouse waived appellate review of a marital-property division by accepting a lump-sum alimony payment while the appeal was pending. The court held that acceptance of benefits does not bar appellate review when the accepted benefit is conceded, independently due, or severable and cannot be affected by the appeal. Applying that rule, the court rejected the waiver conclusion but affirmed the judgment because the district court did not abuse its discretion in dividing the marital estate.

Holdings

1. A spouse who accepts benefits under a divorce judgment does not waive appellate review when the spouse's right to the accepted benefits is conceded, the spouse was entitled to them as a matter of right such that the appeal could not affect that entitlement, or the benefits arise from a severable award not subject to appellate review. Gail's acceptance of the lump-sum alimony payment did not waive her challenge to the separate property division.
2. The district court did not abuse its discretion in awarding the marital residence to Lonnie, Gail's retirement account to Gail, and no equalization payment, even though the district court did not make specific findings concerning the value of several assets or the treatment of the lottery proceeds.

Questions Presented

1. Whether Gail's acceptance and cashing of the $5,400 lump-sum alimony payment waived her right to appellate review of the separate marital-property division.
2. Whether the district court abused its discretion in dividing the marital estate without an equalization payment, including whether the $21,000 lottery proceeds should have been included in or credited against the marital estate.

Disposition

affirmed