Jeffers v. Jeffers

CourtNebraska Court of Appeals
DecidedApril 14, 2026
DocketA-25-309
StatusPublished

This text of Jeffers v. Jeffers (Jeffers v. Jeffers) is published on Counsel Stack Legal Research, covering Nebraska Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jeffers v. Jeffers, (Neb. Ct. App. 2026).

Opinion

Nebraska Supreme Court Online Library www.nebraska.gov/apps-courts-epub/ 04/14/2026 09:08 AM CDT

- 221 - Nebraska Court of Appeals Advance Sheets 34 Nebraska Appellate Reports JEFFERS v. JEFFERS Cite as 34 Neb. App. 221

Charles L. Jeffers, appellee, v. Lynne R. Jeffers, appellant. ___ N.W.3d ___

Filed April 14, 2026. No. A-25-309.

1. Divorce: Child Custody: Property Division: Alimony: Attorney Fees: Appeal and Error. In a marital dissolution action, an appellate court reviews the case de novo on the record to determine whether there has been an abuse of discretion by the trial judge in his or her determi- nations regarding custody, child support, division of property, alimony, and attorney fees. 2. Judgments: Motions for New Trial: Appeal and Error. An appellate court reviews a denial of a motion for new trial or, in the alternative, to alter or amend the judgment, for an abuse of discretion. 3. Judges: Words and Phrases. A judicial abuse of discretion exists if the reasons or rulings of a trial judge are clearly untenable, unfairly depriv- ing a litigant of a substantial right and denying just results in matters submitted for disposition. 4. Evidence: Appeal and Error. When evidence is in conflict, the appel- late court considers and may give weight to the fact that the trial court heard and observed the witnesses and accepted one version of the facts rather than another. 5. Alimony: Words and Phrases. “Alimony in gross,” or “lump-sum ali- mony,” is fundamentally the award of a definite sum of money; and if the sum is payable in installments, the payments run for a definite length of time. The sum is payable in full, regardless of future events such as the death of the husband or the remarriage of the wife. 6. Alimony: Time. The reasonable duration of an alimony award depends on the specific facts in a given case, often the amount of time required to allow the recipient spouse to support himself or herself. 7. Alimony. The purpose of alimony is to provide for the continued main- tenance or support of one party by the other when the relative economic circumstances make it appropriate. - 222 - Nebraska Court of Appeals Advance Sheets 34 Nebraska Appellate Reports JEFFERS v. JEFFERS Cite as 34 Neb. App. 221

8. Alimony: Appeal and Error. In reviewing an alimony award, an appel- late court does not determine whether it would have awarded the same amount of alimony as did the trial court, but whether the trial court’s award is untenable such as to deprive a party of a substantial right or a just result. 9. Property Division. Equitable property division under Neb. Rev. Stat. § 42-365 (Reissue 2016) is a three-step process. The first step is to clas- sify the parties’ property as marital or nonmarital. The second step is to value the marital assets and determine the parties’ marital liabilities. The third step is to calculate and divide the net marital estate between the parties in accordance with the principles contained in § 42-365. 10. Divorce: Property Division. Any given property can constitute a mix- ture of marital and nonmarital interests; a portion of an asset can be marital property while another portion can be separate property. 11. Divorce: Property Division: Proof. The burden of proof rests with the party claiming that the property is nonmarital. 12. Divorce: Property Division. Appreciation, be it active or passive, in the marital interest is always marital; it is simply part of the mari- tal property. 13. ____: ____. Separate property can become marital property through active appreciation. 14. Property Division: Proof. The burden of proving an asset has appreci- ated is on the party seeking to share in it.

Appeal from the District Court for Hayes County: Patrick M. Heng, Judge. Affirmed.

Samantha J. Merrill and Bradley D. Holbrook, of Jacobsen, Orr, Lindstrom & Holbrook, P.C., L.L.O., for appellant.

Jack W. Besse, of Parker, Grossart & Bahensky, L.L.P., for appellee.

Riedmann, Chief Judge, and Bishop and Welch, Judges.

Riedmann, Chief Judge. INTRODUCTION Lynne R. Jeffers appeals the order of the district court for Hayes County dissolving her marriage to Charles L. Jeffers (Larry), dividing the marital estate, and awarding her - 223 - Nebraska Court of Appeals Advance Sheets 34 Nebraska Appellate Reports JEFFERS v. JEFFERS Cite as 34 Neb. App. 221

alimony. Following our review, we affirm the judgment of the district court.

BACKGROUND Larry and Lynne were married on September 2, 2007. It was neither party’s first marriage, and no children were born from the marriage. Larry filed a complaint for dissolution in January 2023. Trial was held in October 2024, when both parties were over 70 years old. We recount the evidence presented at trial as is relevant to the assigned errors on appeal. Larry and his father farmed together, and in 1976, they formed Jeffers Farms, Incorporated. Larry, his father, and a relative all owned shares at different times. Eventually, Larry and his two sons, Christopher Jeffers and Cody Jeffers, became the sole shareholders. At the time of the parties’ marriage, the total number of outstanding shares in Jeffers Farms was 5,215; Larry owned 3,915 shares, and Christopher and Cody each owned 650 shares. In 2004, Cody began taking over farm operations while Larry helped with daily chores. From 2004 to 2011, approx- imately 90 percent of Larry’s time was spent helping Lynne prepare for the sale of her premarital property in Lincoln County. Larry testified that once Cody took over farm oper- ations, Larry ceased to be involved with decisions related to crops and animals. He was not involved in making purchases for machinery, equipment, or livestock. Larry was no longer involved with the business and financial decisions of the corporation. Jeffers Farms paid Larry a monthly salary, some- times characterized on tax returns as rent, and the corporation also furnished Larry and Lynne with a home and paid their living, personal, and vehicle expenses. In 2009, Larry and Lynne decided that Lynne would stop working. Lynne began providing childcare for Cody’s children, though she could not recall if that was part of the discussion when deciding to stop working. Lynne also delivered parts on the farm and cooked. Between 2010 and 2014, Jeffers Farms - 224 - Nebraska Court of Appeals Advance Sheets 34 Nebraska Appellate Reports JEFFERS v. JEFFERS Cite as 34 Neb. App. 221

made updates and remodels to the corporate-owned homes, including new siding, windows, and a furnace and air con- ditioning unit. No evidence was presented regarding whether those improvements resulted in an increase in the homes’ values, and if so, in what amount. Between 2007 and 2023, no improvements were made to the land other than routine maintenance. In 2013, Cody decided to farm 1,800 acres of land himself, rather than custom hire it out, so the corporation purchased various pieces of equipment to accomplish that. Larry denied any involvement in decisionmaking regarding the purchase of machinery or equipment. In 2018, Jeffers Farms redeemed Christopher’s stock for $30,000. The redeemed stock went back into the corporation, and Larry’s total number of shares did not increase. At the time of marriage, Larry’s ownership share in Jeffers Farms was 75 percent, but after the redemption, it increased to 86 percent because Christopher’s redeemed shares were retired. Larry did not recall how the price for the redemption was determined. At the time of trial, Lynne had moved to Illinois, was living with her son, and had a part-time job. When asked why she began working part time, Lynne stated that she “needed some- thing to do” and that she “needed help with covering [her] law- yer’s fees.” Lynne received approximately $2,200 per month in Social Security benefits.

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Bluebook (online)
Jeffers v. Jeffers, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jeffers-v-jeffers-nebctapp-2026.