AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The case involves divorce proceedings between Husband and Wife, who were married in 1991. In 2010, Husband petitioned for dissolution of marriage to induce Wife to sign a College Fund Agreement for their children's education, using equity from their homes. After Wife signed, Husband dismissed the petition. Years later, in 2016, Wife petitioned for dissolution of marriage. The district court found the College Fund Agreement void due to duress, divided assets and debts, awarded spousal support to Wife, and granted Husband attorney fees (paras 2-3).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Husband: Argued the district court erred in finding duress in the College Fund Agreement, in awarding spousal support to Wife, in denying his request for subsequent attorney fees, and in the division and allocation of community property and debts (para 1).
• Wife: Argued she signed the College Fund Agreement under duress, necessitating its voidance, and supported the district court's rulings on spousal support, attorney fees, and the division of assets and debts (paras 4-35).

Legal Issues

• Whether the district court erred in finding duress concerning the College Fund Agreement.
• Whether the district court erred in awarding spousal support to Wife.
• Whether the district court erred in denying Husband’s request for subsequent attorney fees.
• Whether the district court erred in its division and allocation of community property and debts.

Disposition

• The district court's findings on duress, spousal support, attorney fees, and the division and allocation of most assets and debts were affirmed.
• The case was remanded to address the issue of Wife’s Bank of America IRA not being allocated to either party and omitted from the equalization chart (para 38).

Reasons

• The Court of Appeals found substantial evidence supporting the district court's finding of duress in Wife signing the College Fund Agreement, citing Husband's use of a divorce petition as leverage and his stronger economic position (paras 4-9). The Court also upheld the award of spousal support to Wife, considering Husband's potential earnings and Wife's limited income capacity due to her absence from the workforce (paras 21-25). The Court found no abuse of discretion in the district court's denial of Husband's request for additional attorney fees, noting the district court's consideration of both parties' actions during litigation (paras 16-20). The Court affirmed the division and allocation of assets and debts, with the exception of Wife’s Bank of America IRA, which was deemed community property but not allocated, necessitating remand for division (paras 26-37).