North Dakota Supreme Court

Kenneth L. Lucy, Plaintiff and Appellee v. Shirley M. Lucy, Defendant and Appellant

June 1, 19901990 N.D. LEXIS 127

Summary

The court held that the property distribution could not be evaluated because the trial court treated periodic alimony payments as an apparent offset without determining their present value, so the distribution had to be reconsidered. It upheld the denial of current spousal support but directed the trial court to retain jurisdiction for a later award if circumstances materially changed. It also held that the attorney-fee award was an abuse of discretion and required an additional award of $2,000. The judgment was affirmed in part, reversed in part, and remanded.