Lori Anne Yattoni-Prestwood v. John Stewart Prestwood

This is a divorce case that focuses on the parties’ debt and the issue of attorney’s fees. The trial court dissolved the marriage of Lori Anne Yattoni-Prestwood (“Wife”) and John Stewart Prestwood (“Husband”). During their brief time together, the parties accumulated only debt, no assets. Husband’s liability for the parties’ debts was discharged in bankruptcy. In considering the issue of property division and allocation of debt, the trial court found that expenditures made by Wife to and for Husband’s benefit, both before and during the marriage, were “gifts” to him; accordingly, the court declined to treat the after-marriage payments as marital obligations. Instead, the court decreed that each party would be responsible for that party’s “own respective liabilities.” Wife appeals and contends that the trial court erred in failing to properly classify and equitably divide the marital debt and in denying, after first approving, her request for an award of attorney’s fees. She also seeks an award of her fees for legal work on appeal. We modify the judgment as it pertains to the parties’ debt in a way that results in an alimony in solido award to Wife. As additional alimony in solido, we award Wife her reasonable attorney’s fees for work at the trial court level. We further grant Wife’s request for an award of her attorney’s fees incurred for work on appeal as further alimony in solido. In all other respects, the judgment is affirmed.