Portnoy v. Portnoy

Waters, D. J.,

dissenting:

The decision of the court in this case, simplified, says this: A wife may obtain a final divorce decree in a foreign state where she lives; thereafter she may come to Nevada where her former husband lives, commence and successfully prosecute an independent action against him for alimony.

NRS 125.150, subsection 1, reads as follows: “In granting a divorce, the court may award such alimony to the wife and shall make such disposition of the community property of the parties as shall appear just and equitable, having regard to the respective merits of the parties and to the condition in which they will be left by such divorce, and to the party through whom the property was acquired, and to the burdens, if any, imposed upon it, for the benefit of the children.”

To my knowledge no other section of the statutes of this state authorizes a final award of alimony, nor has any decision of our Supreme Court heretofore sanctioned a final award of alimony in this sort of action.

The decision in this case is new law. It is not interpretation of existing law. No play with semantics can interpret the words of the statute: “In granting a divorce, the court may award such alimony * * *” to mean: “After a decree of divorce, the court may award such alimony.” Here is created a remedy for a right that did not exist in Nevada before this decision.

I do not conceive it to be the function of courts to write new law. Accordingly, I cannot participate in the decision of the majority in this case, and must file this dissent.