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Wikle v. Boyd

Alabama Court of Civil Appeals

December 20, 2019

Jonathan B. Wikle
v.
Hilary Boyd

          Appeal from Dale Circuit Court (DR-11-636.01)

          EDWARDS, Judge.

         Jonathan B. Wikle ("the former husband") and Hilary Boyd ("the former wife") were divorced by a 2011 judgment ("the 2011 divorce judgment") of the Dale Circuit Court ("the trial court"), which incorporated an agreement of the parties ("the divorce agreement") relating to the division of their assets. The divorce agreement reads, in pertinent part, as follows:

"(1) SUPPORT:
"(A) That no periodic or rehabilitative spousal support shall be paid by the [former] husband to the [former] wife.
"(2) DIVISION OF ASSETS and PROPERTY SETTLEMENT:
"(A) The parties shall have all right, title and interest in, and to any personal property, they now have in their possession, and that each of the parties now has, in their possession, the personal property they want and desire[, ] and they hereby ratify that division of personal property.
"(B) Specified Property Settlement; Specialized Monetary Obligations Provisions:
"(i) Hereby deemed as a property settlement by the parties, the [former] husband agrees to be responsible for, maintain and thus pay for the [former] wife's current future household bills and other typical/traditional living expenses for the next seven (7) years beginning on November 1st, 2011, and continuing for a period for seven (7) total years. Said bills shall be payable from the [former] husband's military base pay as detailed on his 'LES', and any supplementary payments/bonus/stipends received from the United States Military. If the [former] husband is discharged, honorably or dishonorably from his employer, he shall not be relinquished from any said responsibilities detailed below. The [former] wife's bills and/or living expenses include but are not limited to her:
"(A) Household bills/utilities:
"1) Rent/Mortgage payments (approximately $840.00),
"2) Power (Pea River Electric --approximately $250.00),
"3) Water (Culligan -- approximately $60.00),
"4) Gas (SouthEast AL Gas -- approximately $25.00),
"5) Cable & Internet (Cobridge C ommunications approximately $85.00),
"6) Home Phone (Century Tel --approximately $110.00),
"7) Trash (Ozark Utilities Board --approximately $60.00),
"8) Pest Control (Orkin -- approximately $36.00),
"9) ADT Security (approximately $28.99),
"10) Lawn Care (True Green --approximately $65.00), and
"(B) Other:
"1) Cell Phone payments (AT&T --approximately $272.00),
"2) 'Petsmart' health insurance for the parties' animals,
"3) 'Banfield' wellness plan (approximately -- $31.95),
"4) Gym Membership (Synergy -- approximately $37.79).
"(ii) If the [former] wife relocates her principle [sic] place of residence, prior to the cessation of the seven (7) year period, the [former] husband shall still be responsible for all the new and reasonable household and other bills as set out in paragraph 'i' above. The [former] husband shall additionally be responsible for said debts; notwithstanding increased rates due to inflation and/or geographical location of the [former] wife's proposed residence or due to the standards of living in the community she so chooses to reside.
"(iii) This agreement was made based on a culmination in [sic] the totality of circumstances of the parties' current standard of living demonstrating that:
"1) the [former] husband ... has a clear ability to pay both his and the [former wife's] household and other bills/debt for the outlined time period;
"2) the [former] wife's need for said bills to be paid based on her status as a college student;
"3) the obvious great disparity in [in]come between the parties; and
"4) Based upon the fact that the [former] husband has been the primary financial provider for the [former] wife since 1999.
"(iv) This specific provision of paragraph (2)(B), and all subsections, is entered into by the parties because it shall maintain the 'status quo' for each the [former] husband and [the former] wife upon ratification and incorporation of this agreement into a final decree. Moreover, the parties have specifically taken into account the:
"1) standard of living during the course of the marriage;
"2) future prospects, potential for maintaining their standard of living after their divorce;
"3) age and gender of each;
"4) health of each party;
"5) length of marriage; ...

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