Kolbach v. Kolbach

Mother and Father divorced in 2014 pursuant to a divorce decree awarding joint legal custody of the parties’ children with primary physical custody to Mother. The court allowed Mother to continue to reside in Sioux Falls, where she moved during the trial, awarded Mother certain property and a cash equalization payment, and ordered Father to pay monthly alimony and $70,000 in attorney’s fees and costs. The Supreme Court (1) affirmed the circuit court’s award of joint legal custody with primary physical custody to Mother; (2) reversed the circuit court’s division of the parties’ property, holding that the court erred in its recapture and division of certain gifts Father made years before the divorce trial; (3) reversed the award of alimony, holding that Mother failed to carry her burden of introducing evidence of her need for support; and (4) affirmed the award of attorney’s fees and costs. View "Kolbach v. Kolbach" on Justia Law