Donna Booker v. James Michael Booker

Court Description: Authoring Judge: Judge Kristi M. Davis
Trial Court Judge: Chancellor Jeffrey M. Atherton

This is an appeal from a divorce in the Chancery Court for Hamilton County (the trial court ). Donna Booker ( Wife ) and Mike Booker ( Husband ) married for the first time in 1993 and divorced in 1998. They remarried shortly thereafter in February of 1999. The day of their second wedding, Husband and Wife executed a prenuptial agreement addressing Husband’s interest in his family’s steel erection business. Wife filed the current divorce action in the trial court in February of 2020, and a trial was held May 3 and 4, 2022, and July 6, 2022. The trial court ordered the parties divorced, divided the marital estate, and awarded Wife alimony in futuro. Finding that the prenuptial agreement was valid, the trial court determined that Husband’s interest in his family business was separate property. Wife appeals. Following thorough review, we affirm in part, reverse in part, vacate in part, and remand the case for further proceedings.