Wife Gets Only $600/Mo. Alimony In Futuro After 34 Ys Married
Tennessee alimony law case summary following 34 years of marriage. Tennessee divorce and family law from the Tennessee Court of Appeals.
Wanda Jo Waddell Cole v John Duane Cole – Tennessee Alimony in Futuro Law – 34 years married.
In the divorce case of Wanda Cole and John Cole, the wife appealed the decision of the lower court claiming the court’s award of alimony in futuro was not enough. The marriage lasted for 34 years. The wife filed for divorce due to the adultery of the husband. It divided the marital property and awarded the wife alimony in futuro of $600 per month. The parties married in 1971 and the wife applied for divorce in November of 2003. During the first ten years, the husband was in the military and the family lived on various military bases. The wife was a homemaker and supplemented the income by selling real estate. After discharge, the husband worked in the US Postal Service, where he remained employed throughout the marriage.
In 1999, in an attempt to downsize, the US Postal Service phased out the husband’s employment, though the husband challenged his termination in a federal lawsuit. Due to problems after returning to the same location, he transferred to another facility where he planned to work until he could retire at which time he planned to move back to Tennessee with the wife. Several months after moving, he called the wife and stated he wanted to file for divorce and was not coming back. He moved in with his paramour.
The wife filed for divorce after learning of the adultery. The trial court awarded the divorce to the wife. The parties did not own real property and it divided the remaining marital property. The wife was awarded alimony in futuro in the amount of $600 per month.
In the aspect of alimony, the wife claimed the amount awarded was not enough. The appeals court ruled on this based on the trial court’s discretion to determine whether spousal support was needed. It found the income of the parties was significantly disproportionate. The wife had an income of $932 and expenses of $2,385. The husband had net take home income of $3,358 per month and expenses of $3,482, leaving him with a deficit.
The wife had a high school education and was a homemaker during the marriage. She obtained a real estate license in 1984 and earned as much as $28,000 in the previous year. The court noted that both parties had a need for income and that the husband’s income was higher. But the wife did have skills which affords her an opportunity to maintain employment. Based on these factors, the appeals court upheld the lower court’s ruling that the wife should receive $600 per month in alimony in futuro.
NO. M2006-00425-COA-R3-CV, April 29, 2008.
See original opinion for exact language. Legal citations omitted.
To learn more about alimony, read Tennessee Alimony Law in Divorce | Answers to FAQs. Also, see the MemphisDivorce.com Tennessee Family Law Blog and its Alimony category.
Memphis divorce lawyer, Miles Mason, Sr. practices family law exclusively and is the founder of the Miles Mason Family Law Group, PLC, which handles Tennessee family law matters including divorce, alimony, alimony modification, child support, and child support modification. Download our free e-Book, Your First Steps: 7 Steps Planning Your Tennessee Divorce. Contact an attorney today at (901) 683-1850.
