Husband Entitled to Alimony After 31 Year Marriage
Tennessee alimony divorce case summary after 31 years married.
Diane Drain Shackelford v. Jerry Robert Shackelford
Husband Entitled to Alimony After 31 Year Marriage
The husband and wife were married in 1986, when they both worked for the VA. The wife had a doctorate in pharmacy and worked as a pharmacist. The husband had no degree and worked as a pharmacy technician. They later moved to Florida, where the husband continued to work as a pharmacy tech. The wife continued to work at the VA, and earned her master’s degree in heathcare administration. They had two children and then moved to Arkansas, where the wife became the chief of pharmacy at the VA. The husband continued to work as a pharmacy tech. They later moved to Brentwood, Tennessee, where the wife had another managerial position with the VA. The husband worked again as a pharmacy technician, but retired in 2014.
In 2017, the wife filed for divorce, alleging irreconcilable difference and inappropriate marital conduct. The husband filed a counter-complaint alleging the same grounds. The husband’s petition asked for an award of alimony.
The case went to trial in 2018. The wife had earnings of over $13,000 per month, while the husband earned about $1,700 as a custodian, plus about $800 in social security benefits.
After hearing the evidence from both parties, the trial court ruled that an award of alimony was unnecessary. The husband appealed to the Tennessee Court of Appeals.
He argued that he was the economically disadvantaged spouse, and that he was incapable of rehabilitation. Therefore, he argued that he had a need for permanent alimony.
The appeals court ruled that the lower court had not adequately addressed the husband’s need. It had noted that the husband would receive a large property award, including a portion of the wife’s pension. However, it noted that this would not be available until the wife retired. The husband showed a statement of monthly expenses of over $3,600, and the appeals court noted that there was a “drastic disparity” between the earning capacity of the parties.
The appeals court also looked at the relative education and training of the parties, the second factor to be considered. It found that this factor, as well as the length of the marriage, called for an award of alimony.
The appeals court also found that the husband’s contribution to the marriage with his household responsibilities hadn’t been adequately considered.
After reviewing all of the relevant factors, the appeals court concluded that the trial court abused its discretion in not awarding alimony. Therefore, it remanded the case for a determination of the type and amount.
No. M2018-01178-COA-R3-CV (Tenn. Ct. App. May 16, 2019).
See original opinion for exact language. Legal citations omitted.
To learn more, see Alimony Law in Tennessee.
