from the District Court of Laramie County The Honorable
Catherine R. Rogers, Judge.
Representing Appellant: Zenith S. Ward of Buchhammer &
Ward, P.C., Cheyenne, Wyoming
Representing Appellee: Linda J. Steiner and Abigail E.
Fournier of Steiner Law, LLC, Cheyenne, Wyoming
BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.
Appellant Jeanne Porter (Wife) challenges a divorce decree,
asserting that the district court abused its discretion in
the division of marital assets, and in denying her alimony.
1. Did the district court abuse its discretion in its
division of the marital property? 2. Was it an abuse of
discretion for the district court to deny Wife's request
Considering only the evidence in favor of the successful
party, ignoring the evidence of the unsuccessful party, and
granting the successful party every reasonable inference that
can be drawn from the record, see Kamm v. Kamm, 2016
WY 8, ¶ 3, 365 P.3d 779, 780-81 (Wyo. 2016), the facts
established at trial are as follows. Wife and Appellee David
Porter (Husband) married in 1997. They did not have any
children together, although Wife had children from a previous
Husband worked for the Air National Guard for twenty-three
years, and then began working for the Union Pacific Railroad
in 2004, where he is still employed. During the marriage he
inherited a home from his grandparents, which he then sold.
This allowed him to purchase another property on County Road
215A near Cheyenne in 2003. The property, which was titled
solely in his name, has a house and a heated shop for car
restoration. At the time the divorce complaint was filed, the
County Road 215A home was assessed for property tax purposes
at approximately $259, 000.00. Husband testified that the
mortgage and HELOC on that property totaled roughly $220,
000.00, leaving about $39, 000 in equity.
Wife worked for a respite care company for much of the
marriage, but in 2013, she underwent numerous back surgeries
and has not worked since. She brought $20, 000.00 into the
marriage, and later received a gift of approximately $50,
000.00 from her mother while the parties were still married.
Wife used that gift to buy a home titled solely in her name
on 18th Street in Cheyenne, and she resided there
at the time of the divorce trial. When Wife filed for
divorce, she owed approximately $89, 000.00 on the
18th Street property, but by the time of trial she
had taken out a Home Equity Line Of Credit (HELOC) on the
place and owed a total of $163, 000.000. Consequently, by the
time of trial there was little to no equity in this property.
Husband and Wife each owned a number of vehicles, including a
1959 Chevrolet El Camino that both wanted though there was
debt associated with it. Wife also had an outstanding credit
card balance of $11, 600, and Husband had a truck loan of
$72, 000.00 and a credit card balance of $8, 000.
Wife filed for divorce in January of 2015. A few months later
she filed a motion for temporary alimony and for funds to pay
her attorney fees under Wyo. Stat. Ann. § 20-2-111.
After a hearing, the district court denied both motions,
finding that ...