W.D.G. v. K.S.G. (Appeal from Marion Circuit Court: DR-23-900024).
CL-2024-0223
Ala. Civ. App.Nov 15, 2024Background
- K.S.G. (wife) filed for divorce from W.D.G. (husband) in Marion Circuit Court, Alabama, alleging adultery.
- During the proceedings, a status quo order was entered and later, the wife accused the husband of violating it.
- After trial, the wife was awarded the divorce, over 50% of the husband's retirement accounts, $200,000 in alimony in gross, and part of her attorney's fees; the husband was also found in contempt.
- The husband appealed, arguing insufficient evidence of adultery, improper property division, and legal error in the retirement account and alimony awards.
- The appellate court upheld the divorce on the ground of adultery, but found the division of retirement assets violated state law and remanded for reconsideration of the property settlement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for adultery | Evidence proves adultery as grounds | Evidence is circumstantial | Sufficient evidence; adultery affirmed as divorce ground |
| Division of retirement accounts (>50% to wife) | Division is equitable, transfers justified | Award exceeds 50% legal cap | Reversed; division over 50% violates Ala. Code § 30-2-51(b)(2) |
| Award of substantial marital assets | Division is fair and considers conduct | Award is disproportionate | Pretermitted; to be reconsidered on remand with property division |
| Award of alimony in gross ($200,000) | Not specifically contested in opinion | Unwarranted; amount too high | Pretermitted; to be reconsidered on remand with property division |
Key Cases Cited
- Clements v. Clements, 990 So. 2d 383 (Ala. Civ. App. 2007) (standard of review for ore tenus divorce judgments)
- Blackman v. Gray Rider Truck Lines, Inc., 716 So. 2d 698 (Ala. Civ. App. 1998) (trial court's role in credibility determinations)
- Rowe v. Rowe, 575 So. 2d 584 (Ala. Civ. App. 1991) (measure of proof required for adultery in divorce)
- Fowler v. Fowler, 636 So. 2d 433 (Ala. Civ. App. 1994) (insufficient evidence for adultery based on circumstantial facts)
- Turner v. Turner, 210 So. 3d 603 (Ala. Civ. App. 2016) (evidence of secrecy and phone use insufficient for adultery)
- Capone v. Capone, 962 So. 2d 835 (Ala. Civ. App. 2006) (circumstantial evidence insufficient for adultery finding)