Connolly v. Connolly

The Supreme Court affirmed the divorce decree issued by the district court, which differed from the court’s previously entered decree of legal separation and included an award of alimony and an award of attorney fees to Wife.After the district court issued a decree of legal separation, Husband filed a motion to amend the complaint from legal separation to dissolution of marriage. The district court filed a decree of dissolution that, among other things, awarded Wife alimony in an amount that equaled the health insurance costs which Husband had been paying under the decree of legal separation. In modifying the legal separation decree, the court determined that it would be necessary for Wife to show a change of circumstances in order to be entitled to an award of alimony in the divorce decree, which Wife had not done. Nonetheless, the district court awarded Wife alimony. The Supreme Court affirmed, holding (1) Wife was not required to show a change of circumstances for purposes of good cause to modify the award of alimony awarded in the decree of legal separation, but any error by the court in its analysis was not prejudicial to Wife; and (2) the district court did not err in awarding Wife one-half of her attorney fees. View "Connolly v. Connolly" on Justia Law