Claude Ellis v. Melisa Jane Godfrey Ellis

Syllabus

In this divorce case, Claude Ellis (\Husband\) challenges the trial court's division of the marital estate, the award of spousal support and attorney's fees to Melisa1 Jane Godfrey Ellis (\Wife\), and the trial court's finding that Husband dissipated marital assets. We hold that the trial court misclassified some of the assets in contention as marital, and we remand for a reconsideration of the division of the marital estate in light of this holding. Because the issue of attorney's fees as alimony in solido is only properly considered after the issues of estate valuation and distribution are settled, we vacate the award of alimony in solido, so that the trial court has the opportunity to reconsider the award if the court finds it necessary. We affirm the trial court's judgment in all other respects.