Alimony $980/Mo. for 3 Yrs, Then $720/Mo. After 16 Yrs Married

Tennessee alimony divorce case summary after 16 years married.

Terry Joe McBroom v. Kelly Loretta Folkerts McBroom

The husband and wife in this Shelby County, Tennessee, case were married in 1999.   Each had been married previously and had grown children from their prior marriages.  At the time of their 2016 divorce, the husband was 55 years old and had worked as a heavy equipment operator for the City of Memphis for 32 years.  He was in poor health and planned to retire in 2019.  His projected earnings for 2016 were about $58,000.

The wife was 53 years old and had been unemployed since 2012.  She had suffered some injuries and had become addicted to painkillers and heroin.  She was remaining sober at the time of trial.

After trial, the court ordered the husband to pay alimony in the amount of $980 for three years, until his retirement.  At the time he began to draw his pension, this amount was to go down to $720 per month.  The alimony was to cease at such time as the wife received social security benefits.

The husband appealed to the Tennessee Court of Appeals.  He argued that the award of spousal support was in error.  The appeals court first noted that trial courts have a great deal of discretion in such matters, and awards are affirmed unless clearly unreasonable.

The husband argued that the lower court had applied the wrong standard, because it simply awarded a percentage of the husband’s income.  The appeals court noted that at one point, the lower court had stated its intention to base the award on a fixed percentage.  But this statement was not followed through on, and the actual order in the case cited other factors.

The appeals court examined the record, particularly the fact that the husband intended to retire soon.  It found that the lower court had properly taken into consideration the factors that were likely to take place in the near future, including the impending retirement.

Finally, the appeals court examined the relevant statutory factors, and concluded that the trial court had properly applied them.  Since there was no abuse of discretion in the court’s order, the appeals court affirmed the judgment.

No. W2016-01276-COA-R3-CV (Tenn. Ct. App. June 21, 2017).

See original opinion for exact language.  Legal citations omitted.

To learn more, see Alimony Law in Tennessee.