S-17-0538 Jennifer Westwood v. Cheryl Darnell
Lancaster County, Judge Lori Maret
Attorneys: Elaine A. Waggoner (Waggoner Law Office) — Gail Steen (Steen Law Office)
Civil: Dissolution of marriage
Proceedings Below: The district court’s decisions include issues of dissolution of the parties’ marriage and division of property. After hearing, the district court determined that each party would keep all personal property and automobiles in their personal possession. The district court characterized Ms. Westwood’s retirement funds in its measure of the marital estate. The order also awarded $3,755.65 to Darnell from Westwood as equalization of the marital estate.
Issues: The two issues on appeal are: (1) whether the district court erred in dividing the parties’ marital property, specifically, whether it erred in classifying Ms. Westwood’s deposit of $52,000 from her retirement funds as marital property (2) whether the district court in failing to find Ms. Darnell was unjustly enriched; and (3) whether the district court erred allocating the tax burdens disputed by the parties.