Andrea K. Smerski f/k/a Andrea K. Lemon v. Darren M. Lemon

Summary

The Wyoming Supreme Court reviewed the interpretation of a postnuptial agreement in a divorce proceeding. The court held that retirement accounts listed as separate property in the agreement were nevertheless subject to the agreement’s specific provision treating post-June 1, 2017 contributions, earnings, and interest as joint property subject to equitable distribution. The court reversed and remanded for distribution of those amounts under Wyoming law.

Holdings

1. The postnuptial agreement's distinct retirement-account provision governed the subject retirement accounts listed in Exhibits A and B. Retirement-account balances, contributions, and interest accruing before June 1, 2017, were separate property, while contributions, earnings on contributions, and interest earned on contributions made on or after June 1, 2017, were joint property subject to division.
2. The district court was required to distribute the post-June 1, 2017, contributions, earnings, and interest from the subject retirement accounts under Wyo. Stat. Ann. § 20-2-114, although the Supreme Court did not require any particular division.

Questions Presented

1. Whether the district court erred in interpreting the postnuptial agreement to provide that the retirement accounts disclosed in Exhibits A and B, including post-June 1, 2017, contributions, earnings, and interest, were entirely the separate property of the named account holders.

Disposition

reversed_and_remanded