New opinions: July 7
Berdahl v. Berdahl 2022 ND 136
Docket No.: 20210320
Filing Date: 7/7/2022
Case Type: DIVORCE/PROPERTY DIV./ALIMONY
Author: McEvers, Lisa K. Fair
Highlight: A district court’s valuations of marital property are not clearly erroneous if they are within the range of evidence, and the value the court gives to marital property depends on the evidence presented.
Both economic and noneconomic fault may be considered in dividing marital property, but evidence presented may indicate both parties must share responsibility for the failure of the marriage.
Section 14-05-24(1), N.D.C.C. (2017), is not ambiguous and the district court does not have discretion to choose a valuation date for the marital estate. A court clearly errs by including property acquired after the valuation date provided by statute.
District court requiring one party to continue to pay post-separation marital expenses was equitable, as paying party had greater earnings and earning capacity and the obligation to pay had predetermined end date.
Rehabilitative spousal support may be awarded to provide receiving spouse with opportunity to acquire education, training, work skills, or experience to become self-sustaining.
A district court abuses its discretion by awarding attorney’s fees without proper statutory authority and without specific findings relating to ability to pay and need.
Legal Disclaimer:
EIN Presswire provides this news content "as is" without warranty of any kind. We do not accept any responsibility or liability for the accuracy, content, images, videos, licenses, completeness, legality, or reliability of the information contained in this article. If you have any complaints or copyright issues related to this article, kindly contact the author above.
