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