Kiel v. Kiel

51 So. 3d 1058, 2010 Ala. Civ. App. LEXIS 157, 2010 WL 2342405
CourtCourt of Civil Appeals of Alabama
DecidedJune 11, 2010
Docket2081111
StatusPublished
Cited by3 cases

This text of 51 So. 3d 1058 (Kiel v. Kiel) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kiel v. Kiel, 51 So. 3d 1058, 2010 Ala. Civ. App. LEXIS 157, 2010 WL 2342405 (Ala. Ct. App. 2010).

Opinion

BRYAN, Judge.

Jeremy Gilbert Kiel (“the husband”) appeals the judgment divorcing him from Laura Frances Kiel (“the wife”) insofar as it awarded the wife alimony in gross, periodic alimony, an attorney fee, and a private-investigator fee. We affirm.

On January 16, 2008, the wife sued the husband for a divorce on the grounds of incompatibility and adultery committed by the husband. The husband answered the wife’s complaint and counterclaimed for a divorce on the ground of incompatibility. The wife answered the husband’s counterclaim and, subsequently, amended her complaint to state a claim for damages or, in the alternative, alimony in gross, to compensate her for the husband’s alleged misuse of funds the wife had inherited from her parents. Thereafter, the action proceeded to trial. The trial court held a bench trial on January 3, 2009, at which it received evidence ore tenus. On June 26, 2009, the trial court entered a judgment, [1060]*1060which contained the following findings of fact:

“The parties were married in Russell-ville, Alabama on January 6, 1996. According to the Wife, the parties met in high school and dated throughout their college studies. Both parties possess college undergraduate degrees. The Wife earned a Masters Degree prior to the marriage. During the entirety of the marriage, the Husband was the primary wage-earner. Following the marriage, the Wife left a high school teaching position prior to securing tenure in order to accompany the Husband to Mississippi where he accepted a position consistent with his engineering education. The Husband later found employment in Madison County and the parties relocated to Alabama. The Husband remained employed with that employer or its predecessor as a maintenance supervisor until his lay off in January of 2009. The Husband is presently drawing severance pay benefits in a sum similar to his earlier base pay although the severance package benefits terminate in September 2009. During trial, the Husband claimed to be making an active job search. He does not suffer from any health conditions that limit his employment and has considerable experience in his field.
“Following the move to Madison County, the Wife sought and secured employment in an administrative position with Virginia College. She left that employment in the latter part of 2000 in anticipation of the birth of the parties’ first child, ... who was born March 23, 2001. Later, on June 2, 2003 and on October 19, 2005 the parties’ [two] remaining children, ... were born. Prior to [the first child’s] birth, the parties agreed the Wife would not work outside the home and that she would serve as the homemaker and stay at home mom to the parties’ three children.
“In 2005, the Wife’s mother, her remaining surviving parent, was killed in an automobile accident. The Wife was the sole survivor of her parents and inherited approximately $300,000, all of which she placed in the parties’ joint savings and checking accounts with Red-stone Federal Credit Union [ CRFCU’) ].[1] Although she had access to the family’s banking and credit card records, she testified the Husband was the bill payer and she trusted him to manage the money.
“The Wife testified she considered her marriage to be perfect until the latter part of 2006 or early part of 2007. She stated she loved her husband, her children and their residence. Her concerns at that time were the increasing amount of time the Husband was required to work (frequently 18 hours per day, from 1:00 a.m. until 6:00 p.m.) and her Husband’s increasing indifference toward her and the children. The Husband stated he considered the Wife’s spending on ‘toys for the children, fast food and miscellaneous items,’ all of which he agreed were for the family, to be a problem. He also stated he was concerned about her care of the children and the fact that the younger children often slept with the Wife, ultimately resulting in the Husband relocating to another bedroom.
“Despite these concerns, the Husband continued to manage the parties’ financial affairs even encouraging the Wife to auction the family farm she inherited. The farm was sold in July 2006 and the [1061]*1061net proceeds of over $230,000 were deposited to the parties’ joint RFCU savings account. The Husband paid off the family credit cards, made a $150,000 down payment on a $600,000 new home and paid off their automobiles. Due to his stated concern about the Wife’s spending, he placed the Wife on a budget of $1,200 to $1,500 per month. Banking records admitted to evidence by the Husband reveal, on occasion, sums were transferred by him from the RFCU joint account into a separate account for the Wife although, upon further analysis, it is apparent that the transfers to the Wife were actually monies from the joint savings account that was funded, at that time, almost exclusively by funds from the Wife’s inheritance. The Wife testified she terminated gymnastic and dance lessons for [one of the children] in an effort to appease her Husband regarding the alleged financial difficulties. She also met with her minister and his wife and arranged for couples counseling for her and the Husband. Her concerns remained the Husband’s extreme work hours and his increasing distance from her. The Husband refused to participate in the counseling after the first meeting.
“Following the failed counseling effort, the Wife engaged a private investigator. That inquiry revealed that the Husband was involved in a sexual affair with a co-employee. Evidence before the Court, including the Husband’s admission to the affair, testimony of the paramour and financial records, reveal the Husband’s extramarital sexual relationship began no later than the Spring of 2006 and continued at least until the early part of 2008.
“Financial records admitted to evidence revealed at the same time the Husband was complaining about the Wife’s spending for the children, he had purchased jewelry, including a ruby and gold pendant and a one-carat diamond, ring, an expensive Coach purse, a Thomas Kincaid print and flowers on a number of occasions for his girlfriend. He paid for meals at expensive restaurants on overnight, out of town travel with his girlfriend and lodging and limousine service while with her in Atlanta. Family credit cards revealed other purchases of jewelry, meals and items at women’s clothing stores (Ann Taylor, Victoria Secret, etc.) that the Wife did not recognize as purchases by or for her. The Husband stated he was unaware of the charges although a number of charges were on the same dates and same venues as the Husband’s travel with his paramour. Other records and testimony of the Husband confirmed that three weeks prior to the closing of purchase of the $600,000 home (funded by the Wife’s inheritance), the Husband and his girlfriend traveled to Greenville, South Carolina where numerous purchases were incurred on family credit cards. Three weeks following the closing, the Husband purchased the one-carat diamond ring for his paramour and met her in Atlanta, where he charged hotel, restaurant and limousine expenses on family credit cards. All of these expenses were paid from accounts funded primarily by the Wife’s inheritance and were incurred while the Husband withheld or intentionally misled the Wife regarding his marital misconduct. At trial, the Wife testified she would never have allowed the Husband access to her inheritance had he honestly disclosed his affair.

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Damrich v. Damrich
178 So. 3d 872 (Court of Civil Appeals of Alabama, 2014)
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Bluebook (online)
51 So. 3d 1058, 2010 Ala. Civ. App. LEXIS 157, 2010 WL 2342405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kiel-v-kiel-alacivapp-2010.