Vanlaningham and Vanlaningham

When awarding spousal support, trial courts must consider the full amount of spouse’s income, including income in probate.

Husband appealed trial court’s slight modification of spousal support award to Wife. At the modification hearing, Husband requested termination of spousal support to Wife or reduction of the amount because Wife had received a sizeable inheritance. The trial court only slightly lowered the monthly award. Husband challenged the trial court’s award as erroneous because, (1) the court did not consider assets that were still in probate but would be shortly released to Wife, and (2) the court found that Wife’s decision to invest her inherited funds in a low interest account rather than use them for her support was a reasonable one. The Court found that the trial court erred in not considering the full amount of Wife’s inherited assets.  The Court also found that the trial court’s determination that Wife would invest her inheritance in a low interest account was not supported by evidence in the record. Vacated and remanded.