Gardner v. GardnerAnnotate this Case
The Supreme Court affirmed the district court's alimony determination in this divorce action, holding that none of Appellant's alleged errors constituted an abuse of the district court's discretion or were plainly incorrect.
Because the parties in this case, Nelson Gardner and Christina Gardner, could not agree on the proper terms of Nelson's alimony obligation to Christina, the matter went to trial. The district court determined that Christina was entitled to alimony but, because of her extramarital sexual affairs, the court reduced Christina's alimony award in amount and duration. Christina appealed, alleging five assignments of error. The Supreme Court affirmed, holding (1) the district court did not abuse its discretion in determining that Christina's conduct constituted fault or in establishing the terms of her alimony award; (2) Nelson failed to establish that the district court's failure to consider relevant tax consequences constituted a harmful error; and (3) the district court did not abuse its discretion in declining to award attorney fees to Christina.