471 NW2D 156 - Johnson v. Johnson

How this case has been cited

Cited by 33 later decisions — most recently December 2022 · most notably Grode v. Grode (1996), Billion v. Billion (1996)

33 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

SABERS, Justice

¶1(concurring specially).

¶2I agree that the property division is against reason and evidence and must be remanded for an equitable division of the marital estate. SDCL 25-4-44. The marital property is theirs, not his, and must be considered as such. The amount of their marital property to be distributed to wife should be sufficient to provide her some permanent financial security considering her illness and conditions and to enable her to contribute to the support of their children. See Hilbrands v. Hilbrands, 429 N.W.2d 750, 752-753 (S.D.1988).

¶3Finally, in my view, the award of alimony was wholly inadequate in amount and duration, especially considering wife’s medical situation, her need for medical insurance and the permanent disparity in the earning ability of the two parties. Stubbe v. Stubbe, 376 N.W.2d 807, 808 (S.D.1985).