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Wiedel v. Wiedel
911 N.W.2d 582
Neb.
2018
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Background

  • Mark and Jeanne Wiedel married in 2000, separated in 2014, and divorced by decree in March 2017; they are parents of triplets born in 2004 who live with shared, week-on/week-off custody.
  • The parties executed a property settlement agreement (PSA) before trial: Mark received the marital home, income-producing farmland and farming business interests (Mark estimated ~$2.5M in real estate); Jeanne received certain personal property, two lots, an interest in a small business, and a $265,000 judgment payment from Mark.
  • Jeanne works full time earning about $13.80/hr (~$30,000/yr) and has significant medical issues (rheumatoid arthritis) with high prescription costs; she has limited retirement savings and limited mortgageability.
  • Mark is a self-employed farmer with variable farm income, but historically draws $72,000/year from the farming business and owns substantial farmland (including inherited acreage); tax returns showed fluctuating reported income and evidence of grain storage and prepayment deductions.
  • Trial resolved custody and property matters by approving the parenting plan and PSA; contested issues were child support, allocation of tax exemptions, and alimony.
  • The district court adopted Mark’s child support calculation (monthly child support $876), ordered Mark to pay 70% of certain child-related expenses, and awarded Jeanne alimony of $2,500/month for 10 years; Mark appealed only the alimony amount and duration.

Issues

Issue Plaintiff's Argument (Jeanne) Defendant's Argument (Mark) Held
Amount of alimony Jeanne sought $3,500/mo (showing monthly expenses > income) relying on need and disparity in resources Mark argued $2,500/mo plus child support and child expenses would leave him at or below subsistence and be unaffordable Court affirmed $2,500/mo: amount reasonable given Mark’s income/earning potential, property awards, prior temporary payments, and net monthly income above basic subsistence after obligations
Duration of alimony Jeanne asked for long-term support (15 years requested at trial) tied to her medical condition, limited earnings, and children’s ages Mark argued 10 years was unreasonably long given his obligations and proposed shorter term Court affirmed 10 years as reasonable given 14-year marriage, minor children, Jeanne’s chronic condition, and objective equities

Key Cases Cited

  • Becher v. Becher, 299 Neb. 206 (2018) (standard for reviewing alimony and family-law matters on appeal; de novo with abuse-of-discretion framework)
  • Anderson v. Anderson, 290 Neb. 530 (2015) (factors for alimony and property division; primary purpose and reasonableness of alimony awards)
  • Gress v. Gress, 274 Neb. 686 (2007) (alimony presumptively abusive if it drives obligor below child-support basic subsistence unless special finding; speculative child costs not considered)
  • Brozek v. Brozek, 292 Neb. 681 (2016) (court may consider property acquired by inheritance in alimony/property determinations)
  • Binder v. Binder, 291 Neb. 255 (2015) (recognizing relevance of awarded income-producing property in alimony analysis)
Read the full case

Case Details

Case Name: Wiedel v. Wiedel
Court Name: Nebraska Supreme Court
Date Published: May 18, 2018
Citation: 911 N.W.2d 582
Docket Number: S-17-349
Court Abbreviation: Neb.