Jeannine Marie Grosskopf, Appellant (defendant) v. Loren M. Grosskopf, Appellee (plaintiff) (Wyoming 1984)

Summary

The Wyoming Supreme Court affirmed a divorce judgment awarding appellant custody and $36,190.70 in cash, imposing marital debts on appellee, and denying alimony and attorney fees. The court held that Wyoming's no-fault divorce statute changed only the grounds for divorce, not the consideration of fault in property division, alimony, and fees. It also held that an advanced educational degree is not 'property' subject to division under § 20-2-114, though equities arising from a spouse's contribution to the other's education may be adjusted through property or monetary awards.

Holding

Whether fault could be considered in determining which party receives the divorce decree.. Where each party seeks the decree, the court may consider the fault of the respective parties, the equities, the effect on the parties and children, and all other facts and circumstances; no fixed rule governs and the trial court has large discretion.

Whether fault may be considered in dividing property, awarding alimony, and awarding attorney fees under a no-fault divorce statute.. Enactment of the no-fault grounds statute changed only the grounds for divorce; Wyoming retained its prior law, so the court may consider the fault of the parties, in addition to statutory factors and all other facts and circumstances, in determining division of property, alimony, and attorney fees.

Whether an advanced educational degree is property subject to division under § 20-2-114, W.S.1977.. An educational degree is not property subject to division; it has no exchange or transferable value, is personal to the holder, terminates on death, and cannot be assigned or sold.

Whether the trial court abused its discretion in the amounts of child support and the denial of alimony and attorney fees.. No abuse of discretion: $250 per child per month was justified by appellee's $2,150 monthly take-home pay; denial of alimony and fees was within the court's discretion given appellant's education, employability, and substantial cash award.

Summary

Holding

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