Wife Awarded $4K / Mo. Rehab Alimony After 7 Year Marriage

Tennessee alimony divorce case summary after 7 years married.

Kathryn Nicole Brown v. Tyler Matthew Brown

The husband and wife in this Hamilton County, Tennessee, case were married in 2009 and had two minor children.  At the time of the marriage, the wife was 18 years old.  In 2016, the wife filed for divorce based upon inappropriate marital conduct.

A trial was held in 2017, with the husband and wife being the only witnesses.  Her only employment during the marriage was as a nanny for about two months.  Instead, she was a stay-at-home mom for the couple’s two children.

The wife had recently begun taking a computer course paid for by the husband, but had not yet sought employment in that field.  She testified that she was very unsure of her earning potential after graduation.

The wife had no income, and had monthly expenses of $4,227.

The husband was employed as a software engineer with a salary of $155,000.  He also had received stock options.  He was paying $1,400 per month in rent.

After settling the parenting plan and dividing property, the lower court turned to the issue of alimony.  It ultimately awarded the wife rehabilitative alimony in the amount of $40,00 for four years.  After various post-trial motions, the husband appealed to the Tennessee Court of Appeals.  Among the issues he raised was whether the alimony award had been appropriate.

After addressing issues involving the marital residence, the appeals court turned to the issue of alimony.  The husband argued that in light of the property settlement, the amount was excessive.  He also argued that the lower court had not properly considered need and ability to pay, and that the lower court had improperly considered fault.

The appeals court began by reciting the relevant statutory factors, one of which involves the property settlement in the case.  Here, the wife had received 58% of the marital estate, so this was a relevant factor.  But the appeals court also agreed with the lower court that the other statutory factors outweighed this single one, and supported the award.

The appeals court next looked at the wife’s need and the husband’s ability to pay.  But it deferred to the lower court in these findings.  For example, the lower court had concluded that the husband’s expenses were not “rationally based,” and the appeals court found that these findings were properly supported.

After reviewing the evidence, the appeals court agreed that the evidence supported the lower court’s findings with respect to need and ability to pay.

Finally, the court considered the husband’s fault.  The lower court had noted that the husband had admitted to four extra-marital affairs.  The appeals court held that the lower court had not unduly stressed this factor.  For these reasons, the Court of Appeals affirmed the lower court’s alimony ruling.

After awarding attorney fees to the wife for the appeal, the Court of Appeals affirmed the judgment.

No. E2017-01629-COA-R3-CV  (Tenn. Ct. App. Oct. 25, 2018).

See original opinion for exact language.  Legal citations omitted.

To learn more, see Alimony Law in Tennessee.