Devney v. DevneyAnnotate this Case
Clarence Devney petitioned for the dissolution of his marriage to Elizabeth Devney. The district court dissolved the marriage and divided the parties’ assets and debts and, in so doing, found that a postnuptial property agreement entered into by the parties was valid and enforceable and that the division of the martial estate was fair and reasonable. The Supreme Court reversed in part and vacated in part, holding (1) Nebraska statutes do not authorize postnuptial agreements to allocate the parties’ property rights upon separation or divorce unless such agreements are attendant upon the spouses’ separation or divorce, and therefore, the district court erred in enforcing the property agreement provision of the parties’ postnuptial agreement; and (2) the district court erred in its determinations of the marital residence’s value, the appropriate setoff for the marital residence, and the division of the marital debts and assets. Remanded.