Husband Must Pay $500 /Mo. Alimony in Futuro After 19 Yrs

Tennessee alimony divorce case summary after 19 years married.

Kermit George Parker v. Sherry Elizabeth Parker

The husband and wife in this Bradley County, Tennessee, case had been married for over seventeen years when the wife moved out of the marital residence in 2014. Later that year, the husband filed for divorce, citing irreconcilable differences.

The case went to trial in 2016,when the court entered its order. The court found that the wife was physically disabled and suffered from mental illness. The trial court found that the husband had been very controlling. The trial court ordered alimony in futuro in the amount of $500 per month. The husband then appealed to the Tennessee Court of Appeals.

The appeals court first addressed an issue of the property division, and affirmed the award of a fifth wheel camper to the wife. It then turned to the issue of alimony. The appeals court first noted that trial courts have very broad discretion when it comes to awards of alimony, and that the lower court’s ruling is presumed to be correct.

It then looked at the factors employed in any alimony case, and noted that the most important factor is the husband’s ability to pay and the wife’s need. In this case, the wife received disability payments of $733 per month, but had living expenses of $1,412 per month. The husband, on the other hand, had income of $3,575 per month and expenses of about $2,300. The appeals court also looked at the wife’s disability, age, education, and assets.

The appeals court noted that the husband showed no evidence that the wife would be able to meet a standard of living comparable to what they had during the marriage. For that reason, it concluded that the award of alimony in futuro was proper, and affirmed.

The appeals court also awarded the wife her attorney’s fees from the appeal. It affirmed the lower court’s ruling, and sent the case back to compute those fees.

No. E2018-00643-COA-R3-CV (Tenn. Ct. App. Apr. 9, 2018).

See original opinion for exact language. Legal citations omitted.

To learn more, see Alimony Law in Tennessee.