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Cases of Interest: Nebraska
© National Legal Research Group, Inc.
Classification of Assets (full category)
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NEBRASKA: Medlock v. Medlock, 263 Neb. 666, 2002.NE.0000157 (Apr. 12, 2002).
In this case, the couple was married in 1972. The husband had been ordained as a minister in 1971 by the Christian Brotherhood, an organization of which the husband was one of the founders. A nonprofit religious corporation was founded in 1978. The wife claimed that the corporation was founded by both her and the husband. The husband claimed that the corporation was founded solely by him.
Read More About This CaseNEBRASKA: Gibson-Voss v. Voss, 4 Neb. App. 236, 541 N.W.2d 74 (1995).
A workers' compensation award is marital property only to the extent it recompenses for the couple's loss of income during the marriage.
Read More About This CaseNEBRASKA: Ward v. Ward, 7 Neb. App. 821, 585 N.W.2d 551 (1998).
An engagement ring given to a man or a woman before marriage is the donee's nonmarital property upon dissolution of that marriage.
Read More About This CaseNEBRASKA: Mathew v. Palmer, 8 Neb. App. 128, 589 N.W.2d 343 (1999).
Proceeds from wife's actions against third parties for medical malpractice and invasion of privacy were her separate property where the injuries were personal to the wife and did not diminish the marital estate, and the husband's contribution of legal services duplicated the efforts of the wife's retained attorneys without adding value to her claims.
Read More About This CaseDisability Benefits (full category)
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NEBRASKA: Ryan v. Ryan, 257 Neb. 682, 600 N.W.2d 739 (1999).
The wife claimed that the husband was in arrears in dividing his Veterans Administration disability income with her. The district court held that the previous order dividing the VA disability pension was void.
Read More About This CaseDivision (full category)
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NEBRASKA: Medlock v. Medlock, 263 Neb. 666, 2002.NE.0000157 (Apr. 12, 2002).
The wife claimed that she was entitled to a share of the assets of a nonprofit religious corporation operated by the husband. The wife filed a petition for legal separation on July 2, 1997. The husband answered and cross-petitioned for dissolution. On September 18, 2000, the district court entered a decree of dissolution.
Read More About This CaseInterest (full category)
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NEBRASKA: Priest v. Priest, 251 Neb. 76, 554 N.W.2d 792 (1996).
The wife should be required to pay simple interest at the rate of 8% on the unpaid balance of the husband's lien on the marital home.
Read More About This CaseMilitary Benefits (full category)
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NEBRASKA: Kramer v. Kramer, 510 N.W.2d 351 (Neb. Ct. App. 1993).
Alimony was not the proper vehicle to divide husband's military pension.
Read More About This CasePensions (full category)
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NEBRASKA: Koziol v. Koziol, 10 Neb. App. 675, 2001.NE.0000427 (Dec. 11, 2001).
The husband argued that a court can only divide the "marital value" of the pension, and that a supplemental order changed the distribution of the pension. In this case, the couple married in July of 1973. Throughout the marriage, the husband was employed full-time by the Omaha Fire Department.
Read More About This CasePersonal Injury Awards (full category)
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NEBRASKA: Mathew v. Palmer, 8 Neb. App. 128, 589 N.W.2d 343 (1999).
Proceeds from wife's actions against third parties for medical malpractice and invasion of privacy were her separate property where the injuries were personal to the wife and did not diminish the marital estate, and the husband's contribution of legal services duplicated the efforts of the wife's retained attorneys without adding value to her claims.
Read More About This CasePostdecree Proceedings (full category)
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NEBRASKA: Welch v. Welch, 246 Neb. 435, 519 N.W.2d 262 (1994).
The husband's motion to vacate for fraud was properly denied because the alleged fraud was committed by his own attorney.
Read More About This CaseNEBRASKA: Novak v. Novak, 245 Neb. 366, 513 N.W.2d 303 (1994).
The trial court should have held the husband in contempt for failing to satisfy the cash property settlement because he could have made the payments by cashing in his IRA.
Read More About This CaseProfessional Practices (full category)
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NEBRASKA: Kricsfeld v. Kricsfeld, 8 Neb. Ct. App. 1, 588 N.W.2d 210 (1999).
It was an abuse of discretion to value the husband's medical practice by a capitalized earnings approach and to consider offers to purchase the practice which included amounts for covenants not to compete.
Read More About This CaseStocks (full category)
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NEBRASKA: Heald v. Heald, 259 Neb. 604, 611 N.W.2d 598 (2000).
The husband's stock in the family corporation was property included in the couple's marital estate, and the husband was entitled to a credit as part of property division for the down payment he made on the marital home.
Read More About This CaseNEBRASKA: Dormann v. Dormann, ___ Neb. App. ___, 606 N.W.2d 837 (2000).
The husband's stock in the company where he worked should be considered in determining the division of property. However, a vehicle that the husband acquired after the couple separated was not part of the marital estate.
Read More About This CaseStock Options (full category)
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NEBRASKA: Davidson v. Davidson, 254 Neb. 656, 578 N.W.2d 848 (1998).
Unvested stock options and stock retention shares constitute marital property when accumulated and acquired during the marriage through the parties' joint efforts, and the "time rule" should be applied to identify the marital portion.
Read More About This CaseValuation (full category)
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NEBRASKA: Dormann v. Dormann, ___ Neb. App. ___, 606 N.W.2d 837 (2000).
The husband's stock in the company where he worked should be considered in determining the division of property. However, a vehicle that the husband acquired after the couple separated was not part of the marital estate.
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