$1,540 / Mo for 24 Mos Transitional Alimony to TN Wife 8 Years Married

Tennessee alimony law case summary following 8 years of marriage.  Tennessee divorce and family law from the Tennessee Court of Appeals.

Maryann Miles Douglas v. Michael David Douglas – Tennessee Alimony Law – 8 years married.

In the case of Maryann Douglas and Michael Douglas, the appeals court heard a request from the wife that the trial court failed to provide the right amount and duration for transitional alimony. The parties married in November of 1999 and had three children aged 7 and 5 (twins) at the time of the divorce. Wife had a high school education and was licensed as a practical nurse. She worked during the marriage until the birth of the first child in 2000. She returned to part-time work in October of 2006 and full-time work in September of 2007. The husband worked as a commercial equipment leasing associated where he worked for the previous 14 years.

The wife filed for divorce in March of 2006 citing irreconcilable differences and inappropriate marital conduct, ending their six-year marriage. The trial court determined the annual income of the wife was $20,000 with a net monthly income of $1,448. The husband’s income was $122,000 with a $7,000 monthly income. The wife was the primary residential parent and given $1,794 per month in child support. The court found the wife was economically disadvantaged and, though she did not need rehabilitation, needed transitional alimony for 24 months. The amount awarded in alimony was $1,540 per month.

In the appeal, the wife says that the award should have been longer and larger. She also sought to obtain alimony in solido for attorney’s fees. The appeals court noted that the wife was not in need of rehabilitation and that she only needed transitional alimony for 24 months following the sale of the residential, marital property. It noted that transitional alimony is awarded when the disadvantaged spouse is not necessary but finds that the spouse required assistance to adjust to the consequences of the divorce.

The trial court noted that both parties overstated their monthly expenses. The wife appeals this saying that her expenses were higher and that the court should have, then, awarded her with additional alimony. She contended that the husband has a greater earning capacity. Both parties have substantial debts. The appeals court stated the lower court applied the appropriate legal standard and reached the right decision in the award of alimony. The appeals court awarded transitional alimony for $1,540 for a period of 24 months following the sale of the home.

In the element of the award of attorney’s fees as alimony in solido, the court acknowledged the attorney’s fees were $12,600 and additional costs of $911.50. Due to the husband’s already-high amount of expense payments based on other awards and the fact that the wife is economically disadvantaged, the appeals court ruled the husband must pay half of the attorney’s fees.

No. M2008-00219-COA-R3-CV, Filed January 2, 2009.

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.  See our Consultation and Fees page and call 901-683-1850.