Pittman v. Pittman, 83-191

• Decision Date: 09 March 1984
• Docket Number: No. 83-191,83-191
• Citation: 216 Neb. 746,345 N.W.2d 332
• Parties: Angeline PITTMAN, Appellee and Cross-Appellant, v. Eugene R. PITTMAN, Appellant and Cross-Appellee.
• Court: Nebraska Supreme Court

Page 332

345 N.W.2d 332

216 Neb. 746

Angeline PITTMAN, Appellee and Cross-Appellant, v. Eugene R. PITTMAN, Appellant and Cross-Appellee.

No. 83-191.

Supreme Court of Nebraska.

March 9, 1984.

Syllabus by the Court

1. Divorce: Appeal and Error. An action for dissolution of marriage is reviewed de novo in this court, although weight is given to the fact that the trial court observed the witnesses and their manner of testifying and accepted one version of the facts rather than the opposite.

2. Divorce: Property Division. Generally speaking, awards in actions involving dissolution of marriage vary from one-third to one-half of the value of the property involved, depending upon the facts and circumstances of the particular case, and particularly so when the marriage is of long duration and the parties are the parents of all the children involved.

3. Alimony. In determining whether alimony should be awarded, in what amount, and over what period of time, the ultimate criterion under Neb.Rev.Stat. § 42-365 (Cum.Supp.1982) is one of reasonableness.

4. Divorce: Attorney Fees. In an action for dissolution of marriage the award of an attorney fee rests in the discretion of the trial court, taking into consideration the division of property, alimony awarded, the earning capacity of the parties, and the general equities of the case.

Paul D. Merritt, Jr., of McGinley, Lane, Mueller, O'Donnell & Merritt, P.C., Ogallala, for appellant.

Robert E. Roeder, North Platte, for appellee.

BOSLAUGH, HASTINGS, and GRANT, JJ., CHEUVRONT, District Judge, and COLWELL, District Judge, Retired.

CHEUVRONT, District Judge.

An action for dissolution of marriage was brought by the appellee, Angeline Pittman (Angeline), against the appellant, Eugene R. Pittman (Eugene). Trial was had on December 21, 1982, and a decree was filed on January 27, 1983, which dissolved the marriage, divided the property, and ordered Eugene to pay alimony of $350 per month for 121 months and an attorney fee to Angeline. Eugene appealed, assigning as error the division of property, the awarding of alimony, and the amount of the attorney fee. Angeline cross-appealed, assigning as error the amounts of alimony and attorney fee allowed by the trial court.

Eugene and Angeline were married on March 19, 1954, when Eugene was 18 and Angeline was 16 years of age. At the time of the marriage neither party had any assets. In fact, Angeline left high school in the 10th grade upon marriage. Four children were born to the parties, all of whom are of the age of majority. Three of the children have graduated from college; the youngest is presently enrolled at the University of Nebraska in Lincoln.

Eugene has worked for the Union Pacific Railroad for the past 25 years and had gross wages in 1981 of $37,682.35, as shown by his W-2 form. In addition, Eugene received $3,800 in 1982, representing backpay for 1981 and a portion of 1982. Eugene testified his 1982 income would be less than that of 1981, although he conceded that he voluntarily had cut back his hours of work. Angeline has worked continuously during the marriage, except for short periods following the birth of each child and a 13-month period in 1977 and 1978 when she attended cosmetology school; upon graduation she completed the state examination and commenced working as a hairdresser in late 1978, continuing as such to the date of trial. Her gross salary for 1981 and 1982 was $8,247.52 and $8,512.10, respectively.

The court awarded Angeline a 1979 Oldsmobile Toronado automobile, furniture and personal property in her possession, and several other small items. Eugene was awarded substantially all of the property of the parties, which included the residential real estate subject to the present mortgage, a 1977 Chevrolet pickup truck, and all other personal property of the parties, including several boats, guns, and other property not awarded to or in the possession of Angeline. In order to equalize the division of property, the trial court awarded Angeline a judgment in the amount of $30,500, $2,000 to be payable forthwith and the balance of $28,500 payable in monthly installments of $300 for a period of 5 years, with the balance to be due at such time. The unpaid balance was to draw interest at the rate of 12 percent per...