Connolly v. Connolly

Summary

The Nebraska Supreme Court reviewed a dissolution action involving the effect of a prior legal separation decree on an award of alimony and attorney fees. The court held that Valerie Connolly was not required to show a change in circumstances to receive alimony in the subsequent dissolution decree, but affirmed the $363 monthly alimony award because any analytical error was not prejudicial. The court also affirmed the award requiring Monte Connolly to pay one-half of Valerie’s attorney fees.

Holdings

1. A party seeking alimony in a decree of dissolution following a decree of legal separation is not required to show a change in circumstances or good cause to modify the prior legal-separation decree. The court must instead determine a reasonable alimony award under the criteria in Neb. Rev. Stat. § 42-365.
2. The district court did not abuse its discretion in awarding Valerie $363 per month in alimony for her lifetime or until remarriage.
3. The district court did not abuse its discretion by ordering Monte to pay one-half of Valerie's attorney fees.

Questions Presented

1. Whether an alimony award in a decree of dissolution following a decree of legal separation requires the recipient to show a change in circumstances under Nebraska law.
2. Whether the amount of alimony awarded to Valerie was an abuse of discretion.
3. Whether the district court abused its discretion in awarding Valerie one-half of her attorney fees.

Disposition

affirmed