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Wiedel v. Wiedel
300 Neb. 13
| Neb. | 2018
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Background

  • 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)
Read the full case

Case Details

Case Name: Wiedel v. Wiedel
Court Name: Nebraska Supreme Court
Date Published: May 18, 2018
Citation: 300 Neb. 13
Docket Number: S-17-349
Court Abbreviation: Neb.