Tracey Kamm v. Jason Kamm
365 P.3d 779
Wyo.2016Background
- Tracy and Jason Kamm divorced after a 2001 marriage; Jason adopted Tracy’s two children from a prior marriage; the children are emancipated.
- During the marriage Jason worked as a physical therapist; Tracy stayed at home, later suffered from PTSD, lupus, fibromyalgia, spinal arthritis, and depression.
- While divorce was pending Jason paid mortgage and temporary alimony of $3,000/month; trial occurred November 2014 and the court reduced alimony to $1,000/month for three months beginning Jan. 1, 2015 and divided property.
- At trial Tracy presented a psychologist and an acupuncturist; the psychologist said PTSD is significant but manageable and Tracy could work in a quiet, predictable setting; Tracy had recently taken a part‑time job.
- The district court found Tracy had not shown occupational incapacity, had not diligently pursued employment, and that an equal property division (half the home equity and half of Jason’s retirement) made alimony unnecessary long‑term.
- Tracy appealed, arguing the court abused its discretion by denying her requested five‑year alimony award; the Supreme Court affirmed.
Issues
| Issue | Kamm (Plaintiff) Argument | Husband (Defendant) Argument | Held |
|---|---|---|---|
| Whether district court abused its discretion by denying requested alimony | Tracy argued she is effectively unemployable due to medical conditions and requested $3,500/month for five years; husband can pay (gross ~$8,100/mo) | Jason argued he cannot afford extended alimony (lives in mobile home, drives old car, works four jobs); Tracy can work and received substantial property | Court held no abuse of discretion: Tracy can work in limited settings, did not diligently seek employment, and property division made extended alimony unnecessary |
Key Cases Cited
- Johnson v. Johnson, 11 P.3d 948 (Wyo. 2000) (alimony committed to trial court discretion; property division preferable substitute for alimony)
- Grosskopf v. Grosskopf, 677 P.2d 814 (Wyo. 1984) (divorce should, insofar as possible, sever financial ties; avoid perpetual claim on earnings)
- Stevens v. Stevens, 318 P.3d 802 (Wyo. 2014) (upheld tailored transitional alimony where payor’s ability to pay and payee’s need supported award)
- Raymond v. Raymond, 956 P.2d 329 (Wyo. 1998) (trial court credibility and factual findings entitled to deference)