Louise Helen Pack Dover v. Norris Lee Dover

Following a bench trial, the Chancery Court for Knox County (“trial court”) granted the divorce of Louise Helen Pack Dover (“Wife”) from Norris L. Dover (“Husband”) on the basis of inappropriate marital conduct. The trial court classified several real properties, largely purchased by Husband before the marriage, as Husband’s separate assets and concluded that no transmutation occurred during the marriage. The trial court also classified Husband’s 401(k), which was established before the marriage, as a marital asset and ordered the parties to divide it equally. The trial court then awarded Wife alimony in solido in the amount of $5,000.00 per month for thirty-six months. We conclude that the trial court erred in the classification of the real properties at issue as well as its classification of Husband’s 401(k). Because the division of marital property will change substantially as a result of this opinion, we vacate the trial court’s division of the parties’ marital estate and the alimony award. We therefore reverse in part, affirm in part, vacate in part, and remand for further proceedings.