Gregory M. Nicholson v. Tonya S. Nicholson

Case Number
M2010-00042-COA-R3-CV

In this divorce case, Wife/Appellant appeals the trial court's division of marital property and denial of her request for alimony. Finding that the trial court correctly valued the dental practice and properly awarded same to Husband/Appellant, we affirm that portion of the trial court's order. However, because the trial court did not specifically determine whether certain debt was separate or marital debt, and, consequently, did not allocate that debt, we vacate the trial court's division of marital property, and remand for a determination of the nature of the marital debt, and division of same. Because the trial court did not meet the requirements of Tenn. Code Ann. _ 36-5-121(i), we vacate the trial court's denial of alimony, and remand for further proceedings concerning Wife/Appellant's need for alimony, and Husband/Appellee's ability to pay same. Affirmed in part; vacated in part, and remanded.

Authoring Judge
Judge J. Steven Stafford
Originating Judge
Chancellor Royce Taylor
Case Name
Gregory M. Nicholson v. Tonya S. Nicholson
Date Filed
Dissent or Concur
No
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