Christian v. Christian

Summary

The Supreme Court of North Dakota affirmed a divorce judgment awarding Diane Christian permanent spousal support of $1,200 per month and $5,000 in attorney fees. The court held that the spousal-support award was not clearly erroneous, the attorney-fee award was not an abuse of discretion, and the district court properly denied post-trial motions concerning alleged nondisclosure and valuation of property. The court also upheld the parties' property settlement agreement against claims of fraud, newly discovered evidence, and unconscionability.

Holdings

1. The district court's award of $1,200 per month in permanent spousal support was not clearly erroneous.
2. The district court did not abuse its discretion in ordering Timothy Christian to pay $5,000 of Diane Christian's attorney fees.
3. The district court did not abuse its discretion in denying Timothy Christian's motions to amend findings, for a new trial, and for relief from judgment.
4. The property settlement agreement was not unconscionable, and the district court had no obligation to independently value marital property that the parties had validly allocated by agreement.

Questions Presented

1. Whether the district court clearly erred in awarding Diane Christian $1,200 per month in permanent spousal support.
2. Whether the district court abused its discretion by awarding Diane Christian $5,000 in attorney fees.
3. Whether the district court abused its discretion by denying motions under N.D.R.Civ.P. 52(b), 59, and 60(b) based on alleged nondisclosure, newly discovered evidence, and alleged undervaluation of marital property.
4. Whether the parties' property settlement agreement was unconscionable or required independent valuation and reconsideration of spousal support.

Disposition

affirmed