DU BOIS VS. DU BOIS (DIVORCE PROPERTY & ALIMONY)

Key holdings

Practitioner summary

This brief per curiam opinion affirms the denial of a motion to modify a divorce decree by increasing alimony. Pursuant to the modification provision of an integrated separation and property support agreement, the appellant sought an increase in alimony payments. After a hearing, the district court denied the motion. Reviewing the record, the court found no abuse of the district court's discretion and affirmed. Adler v. Adler, 80 Nev. 364, 394 P.2d 350 (1964); see Porter v. Porter, 473 P.2d 538 (Mont. 1970); Moses v. Moses, 394 P.2d 601 (Colo. 1964); cf. Nace v. Nace, 489 P.2d 48 (Ariz. 1971); Gordon v. Gordon, 266 P.2d 786 (Wash. 1954).

In plain language

After the parties divorced, the wife went back to court seeking to modify the divorce decree by increasing the alimony her former husband paid her. Her request was based on a modification provision contained in the couple's integrated separation and property support agreement, which allowed for changes to the alimony amount. The district court held a hearing and then denied her motion to increase the payments. She appealed, arguing that the trial court had abused its discretion by refusing to raise her alimony. The Nevada Supreme Court disagreed. After reviewing the record, it found no abuse of the district court's discretion in denying the requested increase. The judgment was affirmed.