ERROR TO REFUSE TO AWARD WIFE PERMANENT PERIODIC ALIMONY IN A NOMINAL AMOUNT, WHERE, AT THE TIME OF THE FINAL HEARING, HUSBAND WAS INVOLUNTARILY TEMPORARILY UNEMPLOYED, BUT HAD AN EXPECTATION OF SECURING A POSITION SHORTLY THEREAFTER.
The parties' only substantial asset was a family home, which was severely under water and was awarded, by agreement, to the Wife. During the marriage, both parties worked, with the Husband earning substantially more than the Wife. At the time of the final hearing, the Husband was involuntarily, temporarily unemployed but had the expectation of securing a position shortly thereafter. The trial court refused to award alimony in any form and the Wife appealed. The District Court held:
1. "Under these circumstances, we agree with the [Wife's] sole contention on appeal: that the trial court erred and abused its discretion by failing to award her alimony in any form."
2. "In recognition of the desirability of providing for the real likelihood that such an award, although not now appropriate because of the husband's inability to pay, may become so in the future, we remand the case with directions to award her permanent periodic alimony in a nominal amount."
If a judge awards a nominal amount of alimony ($1), and the husband later gets a good paying job, alimony could be increased.
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