Linda R. Kerley v. George Olin Kerley

This is an appeal from a final decree of divorce in which the trial court determined that the assets accumulated
by the parties during their fifty-eight-year marriage were all marital property and were worth approximately
$2,000,000.00 in total. Following a hearing wherein the parties testified regarding the values of the individual
assets, the trial court entered a final decree of divorce, assigning values and dividing the marital assets into two
tables, awarding approximately forty-seven percent of the assets to the wife and approximately fifty-three
percent of the assets to the husband. The trial court also awarded to the wife “transitional alimony” of
$1,000.00 per month for five years as well as her reasonable attorney’s fees. The husband has appealed from
the final decree, arguing that (1) the trial court erred in the distribution of assets because it did not make
sufficient findings in the record or allocate proper weight to the factors set forth in Tennessee Code Annotated
§ 36-4-121(c) and (2) the trial court erred in granting temporary alimony to the wife based upon her financial
need. In her reply brief, the wife seeks an award of attorney’s fees on appeal. Based on our review, we
determine that the final decree contains insufficient findings of fact regarding the distribution of marital assets
and the award of alimony because the trial court failed to delineate its analysis of the required statutory factors
as to either award. Accordingly, we vacate those portions of the trial court’s final decree and remand for further findings of fact and conclusions of law.