Wife w/ Masters Degree in Engineering Gets Alimony after 16 Yrs Married
Tennessee alimony law case summary following 16 years of marriage. Tennessee divorce and family law from the Tennessee Court of Appeals.
Robin Claire Pearson Gorman v Timothy Stewart Gorman – Tennessee Alimony Law Case Summary – 16 Years Married
The appeals court was asked to rule in the award of alimony in solido beginning three years after rehabilitative alimony in the divorce case of Robin Gorman, wife, versus Timothy Gorman, husband. The couple was married in 1994 and had two minor children at the time of the divorce. The wife filed for divorce in May of 2009 alleging inappropriate marital conduct, adultery, and irreconcilable difference. The husband admitted to adultery. The trial court granted the wife the divorce in November of 2010, ending the couple’s 16-year marriage.
The trial court noted that both the wife and husband have master’s degrees in civil engineering. The wife, however, had not worked in the field since 1998. The husband worked for Roger’s Group and earned $12,455.85 per month, netting $9,129.25 per month. He also received annual bonuses of about $9,900 net. The wife, though looking for work, had not been able to find a starting level position, but desired to pursue a career as a math teacher. Doing so would require the wife to go back to school for three years.
The trial court determined the wife should receive $2,000 per month in rehabilitative alimony for three years, in order for her to reach an earning capacity to provide the living conditions she was used to during the marriage. Additionally, the lower court awarded the wife alimony in solido in the amount of $2,000 per month for 12 years after the rehabilitative income expired since, when the wife did obtain employment, she would just be starting her career.
The husband appealed the decision of the lower court to provide alimony in solido. The appeals court considered the wife’s earning capacity of $50,000 a year as an engineer. The husband’s income, well over $149,000 per year also was a factor. The husband’s income was three times as much as the wife’s earning capacity. The wife’s monthly expenses were $3,943.57 and the husband’s claimed expenses were $7,184.29 including private school tuition for the children. Using these numbers, the appeals court ruled the wife had a need and the husband had the ability to pay.
The parties were both 40 at the time of the divorce. Additional factors considered including the wife’s inability to find a local engineering job and the desire to keep her children in their current situation. The husband moved out-of-state limiting his time spent with the children. The trial court noted that the wife’s need for support stems from the fact that she did not enter the workforce because the couple decided to stay home with their children. The husband, being in the workforce for 12 years, steadily improved and thus, it creates an economic disadvantage for the wife. The husband was also at fault for the divorce. All of these factors contributed to the appeals court affirming the lower court’s decision.
No M2010-02620-COA-R3-CV, November 16, 2011.
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.
