17 yr TN marriage alimony in futuro reduced to 10 yrs

Appeal following Tennessee divorce trial of marriage lasting 17 years.  Husband is a lawyer.

This appeal arises from the divorce of Sarah C. Jannerbo (“Wife”) and E. Mattias Jannerbo (“Husband”). Wife sued Husband for divorce in the Circuit Court for Hamilton County (“the Trial Court”). The Trial Court granted the parties a divorce. Following a trial, the Trial Court, inter alia, divided the marital estate and awarded Wife periodic alimony. Husband appealed, arguing that the Trial Court erred in awarding both the type and amount of alimony that it did. Husband also argues that the Trial Court erred in its classification and division of the marital estate. Wife raised her own issue of whether she should have been awarded her attorney’s fees. The Tennessee Court of Appeals found that the Trial Court erred in awarding Wife periodic alimony.  Wife should be awarded rehabilitative alimony for only 10 years.  The Trial Court did not err in its classification or division of the marital estate. The Trial Court did not err in declining to award Wife her attorney’s fees.

It is clear to us that, in light of Gonsewski, Wife is not an appropriate candidate for periodic alimony. Wife, only 41 at the time of the divorce, has no apparent serious health concerns. Wife is college-educated. Wife runs a jewelry business, albeit one that has not yet proven significantly profitable.

What cannot be ignored here is that these parties’ pre-divorce lifestyle was one built on debt, borrowed money, and Wife’s family gifts to a large extent. As found by the Trial Court, “[t]o say that the parties live beyond their means is a gross understatement.” While we recognize that trial courts have broad discretion in establishing alimony, we find this award to be excessive in light of the evidence. We modify the amount of alimony to be $7,000 per month until the date of our judgment and then to be $5,000 per month as requested by Wife at trial. This rehabilitative alimony will be for ten years from the date of the Trial Court’s judgment.

SARAH C. JANNERBO v. E. MATTIAS JANNERBO

No. E2011-00416-COA-R3-CV-FILED-MARCH 9, 2012

Memphis family lawyer, Miles Mason, Sr., JD, CPA, practices family law exclusively and is founder of the Miles Mason Family Law Group, PLC. Miles is the author of The Forensic Accounting Deskbook: A Practical Guide to Financial Investigation and Analysis for Family Lawyers, published by the American Bar Association. Facebook • LinkedIn • Twitter • Google +