Williams v. Williams

IN THE NEBRASKA COURT OF APPEALS MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion) WILLIAMS V. WILLIAMS NOTICE: THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED BY NEB. CT. R. APP. P. § 2-102(E). MYRNA F. WILLIAMS, APPELLEE, V. KENNETH J. WILLIAMS, APPELLANT. Filed June 5, 2018. No. A-17-409. Appeal from the District Court for Hayes County: DAVID W. URBOM, Judge. Affirmed. James C. Bocott, of Law Office of James C. Bocott, P.C., L.L.O., for appellant. Timothy P. Brouillette and Audrey A. Bellew, Senior Certified Law Student, of Brouillette, Dugan & Troshynski, P.C., L.L.O., for appellant. MOORE, Chief Judge, and ARTERBURN and WELCH, Judges. WELCH, Judge. INTRODUCTION Kenneth J. Williams appeals the decree dissolving his marriage to Myrna F. Williams. Kenneth’s only claims of error concern the alimony awarded to Myrna. He argues that the district court erred in awarding alimony to Myrna when she neither pled nor prayed for such relief in her complaint. In the alternative, Kenneth contends that if the issue of alimony was properly before the district court, the district court abused its discretion in both the amount and duration of the alimony award. Finding no merit to the arguments raised on appeal, we affirm. STATEMENT OF FACTS Kenneth and Myrna were married in December 1999. There were no children born of the marriage. In June 2016, Myrna filed a complaint for dissolution in which she prayed that the parties’ marriage be dissolved; that the parties’ property and debts be divided equitably between -1- the parties; that she be awarded attorney fees and court costs; “and for such other, further and different relief as the Court may deem just and equitable.” After Myrna requested $5,000 per month in temporary alimony, the district court granted her $750 per month in temporary alimony. The trial was held in February 2017. At the time of the trial, the parties had been married nearly 18 years, Myrna was 64 years old, Kenneth was 49 years old, and both parties were in good health. Kenneth joined the Navy in 1987 and, at the time of trial, had been in the Navy for 30 years and reached the rank of Commander. Kenneth testified he has 8 more years before the Navy will force him to retire. Kenneth’s military career required the parties to move frequently during their marriage with the parties residing in California, Washington, and Colorado. In November 2012, the parties bought a 160-acre property in Hayes County, Nebraska, where Kenneth desired to live upon his retirement. In 2014, upon the parties’ agreement, Myrna moved to Nebraska to take care of the Hayes County property and Kenneth moved to Virginia where he had been transferred by the Navy. Despite the fact that neither party went to college, Kenneth earns significantly more than Myrna. At the time of trial, Kenneth was receiving a monthly base pay of $9,062.70 and received an additional $253.63 for a basic allowance for subsistence plus $2,352.00 for a ...

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