Kogod v. Cioffi-KogodAnnotate this Case
In this divorce action, the Supreme Court affirmed in part and reversed and remanded in part the district court's award of alimony not based on need and unequal distribution of the parties' community property due to one spouse's extramarital affairs, gifts to family, and excess spending, holding that the alimony award was an abuse of discretion.
The martial estate in this case was approximately $47 million. Wife received nearly $21 million in the divorce decree and Husband received just under $14 million. The district court also awarded Wife alimony in the lump sum of $1,630,292. The Supreme Court reversed, holding (1) the alimony award was improper because Wife's share of community property will produce passive income sufficient to maintain her marital standard of living; and (2) community funds spent on extramarital affairs were dissipated such that the district court the district court had a compelling reason to make an unequal disposition of community property, but the unequal disposition of property based on Husband's everyday consumption must be reversed.