Ainslie v. Ainslie – Case Brief Summary (Nebraska)

In Ainslie v. Ainslie, 249 Neb. 656, 545 N.W.2d 90 (1996), the court considered whether the wife, who had two trust funds which were nonmarital property, should make an alimony payment to the husband. Although the trust funds were not subject to division in the property settlement, the court found that they could properly be taken into account when determining alimony.

In so ruling, the court noted that in addition to the specific criteria listed in Neb. Rev. Stat. § 42-365 (Reissue 1998), a court setting alimony is to consider the income and earning capacity of each party, as well as the general equities of each situation. Id.

Disparity in income or potential income may partially justify an award of alimony. Id. In entering a decree for alimony, the court may take into account all of the property owned by the parties at the time of entering the decree, whether accumulated by their joint efforts or acquired by inheritance, and make such award as is proper under all the circumstances disclosed by the record. Id.

The Nebraska Supreme Court affirmed a holding which modified the trial court's alimony award of $ 500 per month for 12 months, $ 300 per month for 12 months, and $ 200 per month for 12 months to an alimony award of $ 500 per month until death or remarriage.

Ainslie reasoned that the trial court's award was less than reasonable on the facts of the case.