Gardner v. Gardner
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In this divorce case, the Supreme Court affirmed the district court's determination that Wife was entitled to alimony but reducing her alimony award in duration and amount because of her extramarital sexual affairs, holding that none of Wife's alleged errors in appeal were an abuse of discretion or plainly incorrect.
Specifically, the Court held that the district court (1) properly determined that Wife's infidelities substantially contributed to the end of the marriage; (2) did not abuse its discretion in setting the specific terms of the alimony award; (3) did not err in imputing income to Wife at $1,300 per month; (4) did not err in failing to consider the tax burden of the alimony award; and (5) properly denying Wife's request for attorney fees.
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