Berg v. Berg

Summary

The North Dakota Supreme Court affirmed a district court judgment dividing the marital estate and awarding Darcy Berg spousal support. The court held that the property division was equitable and that the spousal-support award was supported by the evidence, despite an incorrect reference to the number of rental properties awarded to Ricky Berg. The court denied Darcy Berg’s request for attorney fees on appeal and taxed appellate costs against Ricky Berg.

Holdings

1. The district court's division of the marital estate was not clearly erroneous because the court valued the marital estate, considered the Ruff-Fischer factors, explained the disparity, and awarded Ricky a somewhat greater net distribution.
2. The district court did not clearly err in awarding Darcy $1,000 per month in spousal support for 16 years, even though it did not expressly quantify Darcy's need or Ricky's ability to pay.
3. Darcy was not entitled to attorney fees on appeal, and each party remained responsible for his or her own attorney fees and costs.

Questions Presented

1. Whether the district court's division of the marital estate was clearly erroneous because it did not adequately reflect its finding that Ricky was entitled to a somewhat greater distribution based on Darcy's economic waste.
2. Whether the district court's award of $1,000 per month in spousal support for 16 years was clearly erroneous because the court allegedly failed to consider Ricky's ability to pay and Darcy's need.
3. Whether Darcy was entitled to attorney fees on appeal.

Disposition

affirmed