Goggin v. Goggin
Annotate this CaseHusband and Wife separated in 2005 and spent the next several years litigating their divorce. Ultimately, the divorce court awarded Wife all of her attorney fees and out-of-pocket expenses and a disproportionate amount of the marital assets. The Supreme Court affirmed in part and reversed in part, holding (1) Wife was entitled to fees and costs incurred related to appointing a receiver and hiring expert forensic accountants; (2) the district court abused its discretion in awarding Wife attorney fees and out-of-pocket costs in excess of the amount Husband caused her to incur and in basing its award upon its findings that Husband had breached an oral contract with Wife regarding a business they started; (3) the court exceeded its discretion in awarding Wife the full amount of dissipated assets without first estimating the maximum amount of assets Husband may have dissipated; (4) the court erred in declining to consider whether Husband was entitled to a credit or setoff for the separate property he contributed to the purchase and development of the marital residential property; and (5) the court properly declined to award Husband a setoff or credit for his managerial contributions to his business.
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