Lillehei v. Lillehei

Supreme Court of Minnesota

Lillehei v. Lillehei

298 N.W.2d 453, 1980 Minn. LEXIS 1606

CourtSupreme Court of Minnesota

DecidedOctober 17, 1980

Docket49727

StatusPublished

Cited by5 cases

This text of 298 N.W.2d 453 (Lillehei v. Lillehei) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Lillehei v. Lillehei, 298 N.W.2d 453, 1980 Minn. LEXIS 1606 (Mich. 1980).

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Opinions

[454]*454TODD, Justice.

Joyce Lillehei appeals from the portion of the judgment and decree of marital dissolution entered on October 12, 1978, which limited her award of alimony of $800 per month to a period of two years. We reverse in part and remand with instructions.

The sole issue presented is whether the trial court abused its discretion in terminating alimony upon the expiration of the two-year period. It is our view that the durational limitation on the payment of alimony must be vacated in accordance with our decisions in Ruzic v. Ruzic, 281 N.W.2d 502 (Minn.1979), and Arundel v. Arundel, 281 N.W.2d 663 (Minn.1979). Minn.Stat. § 518.55 (1976). This decision is not intended to affect the right of respondent James Lillehei to seek a termination of the alimony payments upon an expiration of the two-year period or at any other appropriate time pursuant to Minn.Stat. § 518.64 (1978).

It is noteworthy that this matter arose prior to the implementation of § 518.552 (1978), effective March 1, 1979. A review of the facts presented indicates that the portion of the judgment and decree at issue would in all likelihood have been affirmed had that statute been applicable to these proceedings. See Otis v. Otis,-N.W.2d - (Minn.1980), filed October 3, 1980.

Therefore, consistent with this opinion, the matter is reversed in part and remanded to the trial court for further proceedings.

Reversed in part and remanded.

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[454]*454TODD, Justice.

Joyce Lillehei appeals from the portion of the judgment and decree of marital dissolution entered on October 12, 1978, which limited her award of alimony of $800 per month to a period of two years. We reverse in part and remand with instructions.

The sole issue presented is whether the trial court abused its discretion in terminating alimony upon the expiration of the two-year period. It is our view that the durational limitation on the payment of alimony must be vacated in accordance with our decisions in Ruzic v. Ruzic, 281 N.W.2d 502 (Minn.1979), and Arundel v. Arundel, 281 N.W.2d 663 (Minn.1979). Minn.Stat. § 518.55 (1976). This decision is not intended to affect the right of respondent James Lillehei to seek a termination of the alimony payments upon an expiration of the two-year period or at any other appropriate time pursuant to Minn.Stat. § 518.64 (1978).

It is noteworthy that this matter arose prior to the implementation of § 518.552 (1978), effective March 1, 1979. A review of the facts presented indicates that the portion of the judgment and decree at issue would in all likelihood have been affirmed had that statute been applicable to these proceedings. See Otis v. Otis,-N.W.2d - (Minn.1980), filed October 3, 1980.

Therefore, consistent with this opinion, the matter is reversed in part and remanded to the trial court for further proceedings.

Reversed in part and remanded.

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298 N.W.2d 453, 1980 Minn. LEXIS 1606, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lillehei-v-lillehei-minn-1980.

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