$1,200 for 60 Months Alimony In Solido Awarded TN Wife Married 19 Yrs

Tennessee alimony law case summary following 19 years of marriage.  Tennessee divorce and family law from the Tennessee Court of Appeals.

William Edward Wynns Jr v Sherrie Blackburn Wynns – Tennessee Alimony in Solido – 19 years of marriage.

In the divorce appeal of William Wynns, husband and Sherrie Wynns, wife, the wife appealed the decision of how much the court awarded to her. The parties married in October of 1988 and had no children. They filed for divorce in September of 2005. The husband filed the divorce citing irreconcilable differences. The wife countered that the husband was guilty of inappropriate marital conduct and adultery. The trial occurred in Mary of 2007 and ended the 19-year marriage. The trial court granted the wife absolute divorce and awarded alimony of $500 per month for four years beginning one year after entry of the divorce decree. The husband was also required to pay the wife’s insurance and attorney’s fees. The wife also obtained a judgment awarding her $1,470 in past alimony accrued during a lapse in court-ordered support.

The husband was a lieutenant colonel in the military reserves and worked full-time as a federal civilian employee. He was the primary breadwinner in the marriage earning $95,818.20 in 2006. His estimated 2007 earnings were well over $100,000. The wife worked full-time during the marriage as a licensed optician making at one time $35,000 a year as a manager. However, the wife was laid off and began working at Lens Crafters earning $15.99 per hour. She cleaned houses one day per week to supplement her income. At the time of the trial, she was working at Lens Crafters two days per week and cleaning houses three times per week.

The husband attributes the breakdown of the marriage to be related to the wife’s misuse and abuse of credit, without his knowledge. The lower court found the husband’s testimony in this regard as credible. The husband admitted to an extramarital affair with a coworker. The husband used marital funds to pay for gifts for the paramour, including trips with her and her son without the wife’s knowledge. In 2005, the paramour became pregnant with the husband’s child.

The wife appealed the amount of the trial court’s award. The appeals court considered the amount and duration of the spousal support. The trial court has broad discretion in cases like this as to the amount of the award. The state allows for alimony when one party is economically disadvantaged and the other party has the means to pay.

In this case, the husband was 42 at the time of the trial and the wife was 44. The husband had a college degree and was an officer in the military with an income of over $100,000 per year. The appeals court ruled he had the ability to pay. The wife had a high school education and although was previously earning $35,000 per year, was no longer doing so. The wife’s expenses were $1,980.77 per month. The income of the wife was $1,951.75. This made her economically disadvantaged. With a 19-year marriage, and a moderately high standard of living during it, and the fact that the husband was living with his paramour rent-free at the time in a 4,500 square foot home whereas the wife was living in a small apartment, it was clear there was a disadvantage present.

The wife had no plans for additional education. The appeals court determined that the award was to be alimony in solido because it was a lump sum payable in installments of $500 per month for four years. The appeals court ruled the trial court erred in this determination and changed the award to alimony in solido of $1,200 per month for the term of five years, retroactive.

NO. M2007-00740-COA-R3-CV, September 26, 2008.

See original opinion for exact language.  Legal citations omitted.

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. Also, see the MemphisDivorce.com Tennessee Family Law Blog and its Alimony category. Also, download the free e-Book, Your First Steps: 7 Steps Planning Your Tennessee Divorce.