Curtis v. Curtis

In 2012, Wife filed a petition to dissolve her marriage to Husband. The court approved the parties’ stipulation and entered partial final judgment dissolving the marriage. The stipulation, however, did not address Wife’s request for spousal maintenance. After a trial on the issue, the district court declined to award maintenance to Wife, determining that Wife could reallocate the investment assets equitably distributed to her in the property settlement to produce sufficient income to meet her reasonable monthly expenses. The court of appeals affirmed. The Supreme Court reversed and remanded, holding (1) the district court did not abuse its discretion in taking into account the income-earning potential of the assets that Wife received in the equitable distribution of marital property; but (2) under the circumstances, the district court’s obligation to consider the tax consequences of the reallocation required remand. View "Curtis v. Curtis" on Justia Law