DeVries v. Gallio
Annotate this CaseDuring divorce proceedings between Husband and Wife, Husband sought an interest in Wife's separate property and requested spousal support. After three evidentiary hearings, the district court entered a divorce decree in which it found that Husband was not entitled to any interest in Wife's separate property. The court also declined to award spousal support to either party. Husband appealed. The Supreme Court (1) affirmed the portion of the decree regarding the property division, holding that the district court's separate property decisions were supported by substantial evidence; but (2) reversed and remanded as to the district court's rejection of the spousal support request, holding that the court failed properly to consider that issue, as (i) Husband was not afforded an opportunity to present any evidence relating to spousal support, and (ii) the court's order failed to explain its reasons for awarding no spousal support.
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