Wiedel v. Wiedel
300 Neb. 13
| Neb. | 2018Background
- Mark and Jeanne Wiedel married in 2000, separated in 2014, and divorced in 2017; they have triplets born in 2004 and share joint custody with a week-on/week-off schedule.
- The parties executed a property settlement agreement (PSA) before trial dividing substantial assets: Mark received the marital home, income-producing farmland and farming interests (claimed ~$2.5M); Jeanne received a $265,000 judgment and some smaller assets.
- Jeanne worked full time earning roughly $30,000/year and has rheumatoid arthritis with high medication costs; she requested $3,500/month alimony for 15 years.
- Mark is a self-employed farmer with variable farm income but historically draws $72,000/year from the farm; he proposed $500/month alimony for 5 years and argued his net income could not support the trial court’s award.
- The district court approved the PSA and parenting plan, adopted Mark’s child-support calculation (monthly child support $876), and ordered Mark to pay $2,500/month alimony for 10 years; Mark appealed solely as to alimony amount and duration.
Issues
| Issue | Plaintiff's Argument (Jeanne) | Defendant's Argument (Mark) | Held |
|---|---|---|---|
| Amount of alimony | Needs support to meet expenses; requested $3,500/mo | $2,500/mo plus child support and children’s expenses will leave him below subsistence; award is excessive | Affirmed $2,500/mo — court found obligor’s net after obligations remained above subsistence and Mark has ability to pay |
| Duration of alimony | Needs long-term support given health, children, and income disparity | 10 years is unreasonably long; requested 5 years | Affirmed 10 years — marriage length, minor children, Jeanne’s health and earning capacity justify 10 years |
| Whether court properly considered PSA and assets | PSA approved and incorporated; Jeanne relied on cash judgment for housing | Mark argued asset award (farmland) and proposed sale plans mean alimony should be lower | Court considered PSA assets (including income-producing farmland and inheritance) and found them relevant but did not make alimony merely an equalizer |
| Use of child-support income calculation in alimony analysis | Jeanne used child-support calc showing higher Mark income | Mark argued court’s child-support adoption still left him unable to afford alimony | Court accepted Mark’s child-support income figures for support calculations but concluded overall evidence showed ability to pay alimony $2,500/mo |
Key Cases Cited
- Becher v. Becher, 299 Neb. 206, 908 N.W.2d 12 (discusses standard of review and factors for alimony and property division)
- Anderson v. Anderson, 290 Neb. 530, 861 N.W.2d 113 (sets factors for alimony and purpose/duration considerations)
- Gress v. Gress, 274 Neb. 686, 743 N.W.2d 67 (addresses basic subsistence limitation and speculative expenses in alimony/support analysis)
- Brozek v. Brozek, 292 Neb. 681, 874 N.W.2d 17 (property awarded, including inherited property, may be considered in alimony determinations)
- Binder v. Binder, 291 Neb. 255, 864 N.W.2d 689 (income and earning capacity considerations relevant to support and alimony)
