Julie C. W. v. Frank Mitchell W. Jr.

This appeal arises from a divorce.  Julie C. W. (“Wife”) sued Frank Mitchell W. Jr. (“Husband”) for divorce in the Circuit Court for Davidson County (“the Trial Court”).  After a trial, the Trial Court divided the marital estate, set child support and alimony, and entered a parenting plan.  Wife appeals, raising a number of issues.  In one issue, Wife argues that the Trial Court placed inordinate weight on the fact that Husband is 16 years older than her in awarding him roughly 59% of the marital estate, even though his earning power is substantially greater than hers.  We agree.  We vacate the Trial Court’s division of the marital estate and remand for a new and equitable division that is as close to a 50/50 division as possible, based upon the specific facts of this case.  However, on all other issues, we discern no reversible error by the Trial Court.  We thus affirm, in part, and vacate, in part, the Trial Court’s judgment, and remand for further proceedings consistent with this Opinion.