Walters v. Walters
2011 WY 41
| Wyo. | 2011Background
- Married May 5, 2006; no children; divorce filed Aug 6, 2008; mutual restraining orders restricted asset spending.
- Three-day trial (Mar 24–Apr 1, 2009) focused on equitable distribution of marital property; many assets disputed.
- District court issued decision letter Apr 15, 2009 and Judgment and Decree of Divorce Jun 3, 2009; found Mrs. Walters violated a mutual restraining order and engaged in concealment/destruction of assets.
- Property division allocated various assets (land at 7902 Cox Road, coins, Pershing account, 2006/2008 Ford F-150s, Kansas home, Lonnie’s Roustabout Service, contents of a safe, Outdoors LLC); declared equity rather than equality, with debts and liens assigned.
- Post-divorce contempt proceedings (Filed Jun 19, 2009; hearings Oct 2009; order Oct 27, 2009) awarded $10,000 in compensatory civil contempt against Walters, and fees; on appeal the Supreme Court reversed the $10,000 award for lack of proof of actual losses, while upholding other aspects of the contempt proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Contempt finding in 2009 | Walters contends contempt finding and sanctions were improper | Court properly evaluated credibility and evidence of contempt | Contempt findings reviewed; court affirmed overall property division, no reversal of contempt findings stated |
| Equitable division of marital property | Division was unjust and contrary to evidence | Division supported by credibility and overall asset/liability balance | Equitable distribution affirmed; not disturbed on appeal |
| Treatment of specific assets (coins, Pershing account, 4.23 acre parcel, house) | Parties’ valuations and presumptions unjust | Trial court’s credibility determinations supported its conclusions | Court’s handling of coins, Pershing account, parcel, and home upheld as equitable |
| Damages in civil contempt award ($10,000) | Award should reflect actual losses shown | Damage award permissible as compensatory despite lack of precise loss proof | $10,000 reward reversed due to lack of provable actual losses; remanded to rectify award |
Key Cases Cited
- Sweat v. Sweat, 2003 WY 82 (Wyo. 2003) (abuse of discretion standard for division of marital property; deference to trial court's credibility determinations)
- Metz v. Metz, 2003 WY 3 (Wyo. 2003) (equitable distribution may be unequal; trial court’s distributive scheme reviewed for abuse of discretion)
- Raymond v. Raymond, 956 P.2d 329 (Wyo. 1998) (credibility and weight of testimony guiding property division)
- Moss v. Moss, 2007 WY 67 (Wyo. 2007) (equitable distribution depends on overall asset/liability picture, not exact parity)
- Barton v. Barton, 996 P.2d 1 (Wyo. 2000) (gift presumption in transfers between spouses; rebuttal burden on party asserting gift)
- Wallop v. Wallop, 2004 WY 46 (Wyo. 2004) (gift/deed presumptions applying to property between spouses)
- Tyler v. Tyler, 624 P.2d 784 (Wyo. 1981) (precedent on property division and marital interests)
- United States v. Ford, 514 F.3d 1047 (10th Cir. 2008) (preponderance vs. clear and convincing standard acknowledged in contempts)
- United Mine Workers, 330 U.S. 258 (Supreme Court 1947) (foundational standard for calculating damages in civil contempt)