A-22-0386, Buckley A. Auxier (Appellant) v. Natalie C. Auxier (Cross-appellant)
Richardson County District Court, Judge Julie D. Smith
Attorney for Appellant: Douglas J. Stratton (Stratton, DeLay, Doele, Carlson, Buettner & Stover, P.C., L.L.O.)
Attorney for Appellee: P. Shawn McCann (McGinn, Springer & Noethe, P.L.C.)
Civil Action: Dissolution of marriage; premarital agreement
Action Taken by Trial Court: The trial court found the premarital agreement between the parties to be enforceable but found the alimony provision in the agreement was unconscionable under the facts of the case. It dissolved the marriage, divided the marital estate, and awarded Natalie alimony.
Assignments of Error on Appeal: Did the district court err in finding the alimony provision was unconscionable and awarding Natalie alimony after determining Natalie failed to prove the premarital agreement was unenforceable?
Assignments of Error on Cross-Appeal: Did the district court err in finding Natalie failed to meet her burden of proving the premarital agreement was unenforceable? Did the district court err in failing to award Natalie an equitable share of the marital estate? Did the district court err in failing to find Buckley received and dissipated Natalie’s 401K account and auto accident settlement funds?