Black v. Black

In Black v. Black, 223 Neb. 203, 388 N.W.2d 815, (1986), the husband appealed the monetary award to the wife, made pursuant to 42-362 on the basis that the wife was mentally ill. The wife was a 50-year-old registered nurse suffering from schizophrenia. The evidence presented at trial indicated that while the wife had worked in the past and was capable of living independently if she continued treatment, her condition was chronic and would require treatment for the remainder of her life. The wife held full-time employment for a few years, but also lost several jobs due to her condition, and she required hospitalization at various times throughout the marriage. The trial court determined that the wife was mentally ill as defined by 42-362 and included a provision in its decree awarding the wife monthly "alimony" which was to terminate upon the death of either party or the remarriage of the wife. On appeal, the Nebraska Supreme Court noted: "Although support and maintenance to a mentally ill spouse in some respects parallels alimony, the two are not the same in all respects. The condition which triggers the support and maintenance to be paid under 42-362 is the mental illness; thus, the payment of such support and maintenance should continue so long as, and only so long as, the mental illness continues or the mentally ill individual acquires another spouse."