Alimony in Futuro Reduced to $400 / Month After 28 Year Tennesse Marriage
Alimony Tennessee law case summary following 28 years married. Tennessee divorce and family law from the Tennessee Court of Appeals.
Deborah Southern Antrican v Alvin Michael Antrican – Tennessee Alimony – 28 year marriage.
In the divorce of Deborah Antrican and Alvin Antrican, following a long-term marriage, an appeals court reviewed the lower court’s findings. The trial court classified property as either marital or separate and awarded $30,000 as the wife’s share of farm income. It also ordered the husband to pay alimony in futuro of $800 per month and alimony in solido of $20,000 for partial coverage of attorney’s fees.
The couple married in March of 1978. In January of 2006, almost 28 years later, the wife filed for divorce on the grounds of adultery. The trial occurred in February of 2009. At the time of the divorce, the wife was 54 years old and had a master’s degree. She was a tenured teacher in the Hancock County School System and held a position of Administrative Offices of Federal Programs. Her monthly income was $4,323. The husband was 55 years old and has a master’s degree. He was a tenured teacher with the same school system. He was employed at the time of the trial as Director of Schools, a position he held for 19 years. His monthly income was $6,416.
In 2002, the husband had an adulterous relationship. He hired the paramour in a position within the school district and allowed her to work in the same office with the wife until she convinced him to transfer the paramour to another office. The wife was in good health whereas the husband had had cancer, which was now in remission.
The wife filed a monthly income and expenses statement, which indicated her net income was $3,020.29, and her monthly expenses were $3,905.92. Since she had a shortfall, she requested the award of alimony.
The appeals court was asked to rule on numerous factors, including if the wife should receive alimony in futuro of $800 per month and alimony in solido. In this case, the fact that the wife had a master’s degree and was employed for 30 years, the appeals court saw no need for rehabilitative alimony. The husband’s net monthly income was $4,149.28 and expenses were $2,931, leaving $1,218.92. The wife’s income was $3,020.29 and net monthly expenses were $2,518.92 (after deducting the credit card debt the husband was to pay) leaving her with $501.37.
Considering these factors, the appeals court noted that the award of $800 per month was excessive. To better balance this, the court awarded the amount of $400 in alimony in futuro to balance the amount each would have after expenses.
In the aspect of alimony in solido, the wife claims the trial court erred by not requiring the husband to pay all of her attorney’s fees. The lower court has the discretion to make this type of award based on facts in the case if it finds the spouse is unable to pay such expenses. The wife submitted an affidavit showing her expenses were $32,078.89, though the husband argued it was not detailed, but never made a motion in court to require the wife to do so though the wife said she would provide a detailed accounting of the information. Therefore, the appeals court affirmed the decision of the lower court requiring the husband to pay alimony in solido of $20,000.
No. E2009-01028-COA-R3-CV, March 22, 2010.
Disclaimer: See original opinion for exact language. Legal citations omitted.
Memphis divorce lawyer, Miles Mason, Sr., JD, CPA practices family law exclusively and is founder of the Miles Mason Family Law Group, PLC, which handles Tennessee family law matters including divorce, child support, alimony, and alimony modification. The firm represents clients in Germantown, Collierville, and the surrounding west Tennessee area.
