Rhonda Marie Sinclair v. Kevin Dean Sinclair
2015 WY 120
| Wyo. | 2015Background
- Husband and Wife divorced in Wyoming after a long marriage; no children.
- Major marital asset was tribal trust land in South Dakota (held in Husband's name) producing about $14,000 per year in rental income and not freely sellable.
- District court awarded the tribal trust land to Husband and ordered him to pay Wife $141,360 to equalize the property division.
- Court allowed payment over time, set a minimum annual payment of $15,000 beginning December 1, 2015, and permitted larger payments.
- The decree provided that the statutory 10% post-judgment interest would be suspended so long as Husband made at least the $15,000 annual payments; if he failed to do so, interest would be reinstated retroactive to the date of the decree.
- Wife appealed only the provision suspending statutory interest; Husband defended the court’s discretionary power to structure payments and suspend interest.
Issues
| Issue | Sinclair (Wife) Argument | Sinclair (Husband) Argument | Held |
|---|---|---|---|
| Whether the district court could suspend statutory post-judgment interest on a money judgment entered in a divorce decree | § 1-16-102 mandates 10% interest on money judgments from date of rendition; Salmeri holds courts cannot refuse statutorily mandated interest | Divorce courts have broad equitable discretion to allocate property and set payment timing; by setting a different payment date/terms, court can avoid automatic application of § 1-16-102 | Court affirmed: district court properly exercised discretion to suspend interest so long as minimum annual payments are made; interest reinstated if payments default |
Key Cases Cited
- Salmeri v. Salmeri, 554 P.2d 1244 (Wyo. 1976) (Wyoming court reversed order allowing installment payments without interest on a final money judgment from another state)
- Odegard v. Odegard, 69 P.3d 917 (Wyo. 2003) (upheld divorce decree that imposed a nonstatutory interest rate in property division)
- Zaloudek v. Zaloudek, 245 P.3d 336 (Wyo. 2010) (post-judgment interest statute applies automatically unless court explicitly sets a different payment date)
- Rovai v. Rovai, 912 N.E.2d 374 (Ind. 2009) (discusses distinction between civil money judgments and equitable dissolution decrees and holds courts have discretion whether to apply post-judgment interest in property divisions)