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Williams v. Williams

Supreme Court of North Dakota

May 27, 2015

Ellen A. Williams, Plaintiff and Appellant
v.
Ivan L. Williams, Defendant and Appellee

Page 509

Appeal from the District Court of Morton County, South Central Judicial District, the Honorable David E. Reich, Judge.

Thomas M. Jackson, Bismarck, N.D., for plaintiff and appellant.

Daniel J. Nagle (argued) and Todd D. Kranda (on brief), Mandan, N.D., for defendant and appellee.

Dale V. Sandstrom, Daniel J. Crothers, Lisa Fair McEvers, Carol Ronning Kapsner, Gerald W. VandeWalle, C.J.

OPINION

Page 510

Sandstrom, Justice.

[¶1] Ellen Williams appeals from a divorce judgment dividing the marital estate between her and Ivan Williams and awarding her spousal support. Ellen Williams argues the district court erred in the duration and amount of spousal support awarded to her. We affirm.

I

[¶2] Ellen Williams and Ivan Williams were married in 1972, and Ellen Williams sued for divorce in 2012. At the time of trial, both parties were 62 years old. During the marriage, Ellen Williams was a homemaker and primary care provider to the parties' three children. She also worked various jobs to help support the family, and she has been employed by Farm and Ranch Guide since 2001, earning $11.83 per hour along with an annual bonus of $700. Her gross annual income is approximately $25,000. She testified she has no plans to retire and intends to work as long as she remains healthy. Ivan Williams has been employed as a salesperson for Bayer Crop Sciences since 1987. His net income is approximately $4,700 every four weeks, along with a monthly bonus of approximately $1,000. He testified he would like to retire at age 65.

[¶3] Both parties testified at trial about extramarital affairs. Ellen Williams testified she sued for divorce after she learned of Ivan Williams' extramarital affair and his decision to move in with his girlfriend. Ellen Williams testified she also had an extramarital affair, but it did not start until after the parties separated.

[¶4] The district court awarded Ellen Williams $202,577 and Ivan Williams $161,867 of the parties' net marital estate. None of the marital assets awarded to either party were income-producing. Ellen Williams was also awarded her attorney fees and spousal support in the amount of $1,250 per month for four years.

[¶5] The district court had jurisdiction under N.D. Const. art. VI, § 8, and N.D.C.C. § 27-05-06. Ellen Williams' appeal is timely under N.D.R.App.P. 4(a). This Court has jurisdiction ...


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