McGuire v. McGuire – Support and Maintenance
McGuire v. McGuire, 157 Neb. 226, 59 N.W.2d 336 (1953).
NATURE OF THE CASE: This family law case was an action in equity brought by Ms. McGuire to recover maintenance and support.
FACTS: Ms. Lydia McGuire (P) had two daughters from a previous marriage which ended with her first husband’s death in 1914. P and her daughters each inherited a one third interest in her first husband’s property in Dixon County, Nebraska.
P married Charles McGuire (D) in 1919 when her daughters were aged 11 and 9. The McGuires had no children together and P was 66 years old and D was 80 at the time of this action. H had no dependents other than W. During the last four years of their marriage D had given no money to P.
D owned separate property including 398 acres of land valued at $90,000, bank deposits totaling $12,500, and government bonds in the amount of $104,500. D had an income of approximately $8,500 per year. A decree for support and maintenance was entered in favor of P and D appealed.
ISSUE: May a wife seek a bill in equity to compel a husband to pay support and maintenance while the couple is still living together without asking for a divorce?
RULE OF LAW: No. A wife may not seek a bill in equity to compel a husband to pay support and maintenance while the couple is still living together without asking for a divorce.
HOLDING AND DECISION (Messmore): P has been supported in the same manner during the last 33 years without complaint. To maintain an action in equity the parties must be separated or living apart from each other. In this case the parties have not separated and are still living together. A court cannot interfere with the living standards of a family.
DISPOSITION: Reversed and remanded with directions to dismiss.
DISSENT (Yeager): Is there less reason to support a wife who has been denied maintenance in the home than one who lives separate and apart? There are no cases that require separation as a condition precedent to maintain this action in equity.