Lori Ann Amacher v. Stanley Dwight Amacher

Syllabus

This is a divorce case. Appellant Wife appeals the trial court's division of property, arguing that the court erred in: (1) classifying the appreciation of her separate property as marital property (2) excluding from the marital estate certain real property that Husband transferred to his father (3) not finding that Husband dissipated the marital estate and (4) inequitably dividing the estate. Wife argues that alimony in solido should have been granted in light of the inequitable division and that she should have been awarded her attorney's fees. Wife also requests attorney's fees incurred in this appeal. We affirm the trial court's exclusion of the transferred property from the marital estate. We also conclude that Wife failed to prove dissipation by a preponderance of the evidence. However, we vacate the property division and remand for additional findings of fact with respect to the appreciation of Wife's separate property, and for a reconsideration of the property division. The reconsideration of the property division necessitates a reconsideration of alimony thus, we vacate the trial court's denial of alimony in solido and remand for proceedings consistent with this opinion. We award Wife's attorney fees for this appeal.