K.J.P. v. B.W.P. (Appeal from Madison Circuit Court: DR-22-900949).
CL-2024-0809
Ala. Civ. App.May 16, 2025Background
- K.J.P. (the wife) and B.W.P. (the husband) were married in 2009 and divorced in 2024 via the Madison Circuit Court (Alabama).
- The husband initiated the divorce in 2022; the wife counterclaimed. The court granted the divorce, divided property, declined alimony, and awarded sole custody of the children to the husband.
- The court awarded the marital home—including its equity—to the husband, requiring him to pay the mortgage and hold the wife harmless. The wife was required to execute a deed transferring her interest.
- The wife's history of substance abuse, mental health issues, and substantial credit card debt (including charges made during separation) contributed to the court's findings.
- Both parties held separate retirement accounts; the wife had liquidated hers during the proceedings. There was no defined value or time of accrual for the wife’s retirement account in the record.
- The trial court's property division favored the husband, based on his larger financial contributions, the wife's conduct, and her lack of financial evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Equitableness of Property Division | Wife alleges property division was inequitable. | Husband contends division reflects contributions/conduct | Division upheld; court did not exceed its discretion. |
| Award of Retirement Account Share | Wife argues for share in husband's retirement account. | Husband notes wife cashed out hers; insufficient record | No error—record lacks sufficient evidence for review. |
| Award of Marital Home Equity | Wife seeks share of equity in marital home. | Husband notes inability to buy out wife, plus contributions | Entire equity awarded to husband—decision affirmed. |
| Evidence of Asset Values/Records | Wife asserts unknown values entitle her to more. | Husband argues wife failed burden of proof | Wife failed to carry burden; judgment affirmed. |
Key Cases Cited
- Edwards v. Edwards, 377 So. 3d 535 (Ala. Civ. App. 2022) (outlines factors for equitable property division, not equality, and appellate deference to trial court discretion)
- Cameron v. Cameron, 259 So. 3d 662 (Ala. Civ. App. 2016) (burden on appellant to provide record evidence of asset values and accrual for appellate review)
- Hall v. Mazzone, 486 So. 2d 408 (Ala. 1986) (standard for appellate review of property division and trial court discretion)