Harder v. Harder
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Harder v. Harder
Opinion of the Court
Plaintiff, Shirley Y. Harder, appeals from an order denying her motion for an award of alimony. Plaintiff and defendant, William E. Harder, were divorced in 1971. The judgment and decree of divorce, based upon a stipulation of the parties, granted no alimony to plaintiff but reserved jurisdiction to consider that issue at some future time. Plaintiff filed the present motion for award of alimony in March 1975. The trial court denied alimony, ruling that plaintiff was required to show a substantial change in circumstances subsequent to the date of the divorce. The court additionally divested itself of jurisdiction to hear any subsequent applications for alimony.
The issue presented on appeal is whether the trial court properly construed Minn. St. 518.55, in so far as that statute provides that the court “may reserve jurisdiction of the issue of alimony for determination at a later date.”
We allude briefly to corollary questions which surfaced in this case, without intimating any views as to whether or not a grant or denial of alimony would be appropriate upon remand. The factors relevant to a decision to award alimony have, of course, been the subject of numerous decisions. See, e. g., Vandewege v. Vandewege, 284 Minn. 330, 170 N. W. 2d 228 (1969). A wife in a divorce action has no absolute right to an award of alimony. Vandewege v. Vandewege, supra; Kelley v. Kelley, 261 Minn. 405, 112 N. W. 2d 798 (1962). We recently held in Peterson v. Peterson, 308 Minn. 365, 242 N. W. 2d 103 (1976), that the marital misconduct of the parties remains as one of several factors to be considered by the court in the exercise of its dis
Reversed and remanded.
Minn. St. 518.55 provides: “Every award of alimony or support money in a judgment of dissolution shall clearly designate whether the same is alimony or support money, or what part of the award is alimony and what part thereof is support money. Any award of payments from future income or earnings of the custodial parent shall be pre
Our holding on this issue does not, of course, preclude parties to a divorce action from stipulating that, by reserving jurisdiction of alimony, something different is meant than the standard we here enunciate.
Dissenting Opinion
(dissenting).
I respectfully dissent. I would affirm the trial court.
At the time of the initial proceeding for a divorce or dissolution of marriage, whether or not the parties agree by stipulation, the court has a duty to act as a third party to represent the interests of the state of Minnesota to see that there be not only a fair and proper provision for child support but also a fair division of property and a proper inquiry into the question of alimony. If the parties have stipulated and agreed that there should be no alimony, the court has not only the power but the duty to set aside such a stipulation and to make a proper provision for alimony if it sees fit, or, in the alternative, to place the case, if originally submitted to it as a default matter, onto the general trial calendar for resolution in an adversary proceeding.
Once the court decides that there shall be no alimony it has decided that the circumstances of the parties at that time do not justify the imposition of alimony. The question then becomes res judicata. Of course, the court can reserve, as it did here, jurisdiction over the question for some future date, but that decision can only logically envision an award of alimony where the circumstances of the parties have drastically changed since the dissolution was granted. Here the trial court found no change in circumstances so it was correct in refusing to award alimony.
There is an additional reason why the trial court was correct in its findings in this case: Courts have in recent years been awarding alimony as a “stopgap” measure only to help one of
Dissenting Opinion
(dissenting).
I join in the dissent of Mr. Justice Yetka.
Reference
- Full Case Name
- Shirley Y. Harder v. William E. Harder
- Cited By
- 8 cases
- Status
- Published