After 21 Yr Marriage, TN Husband Not Required to Pay Alimony in Futuro

Tennessee alimony in futuro law case summary following 21 years of marriage.  Tennessee divorce and family law from the Supreme Court of Tennessee.

Johanna L Gonsewski v Craig W Gonsewski – Tennessee Alimony in Futuro Law

In the divorce case of Johanna Gonsewski and Craig Gonsewski, the appeals court granted a review to determine if alimony in futuro should be awarded to the spouse who has a college degree, a stable work history at a relatively high paying job, a demonstrated lack for such long-term alimony and is in good health. In this case, the parties married in May of 1987 when they were both 21 years old. They have two adult children. At the time of their marriage, the wife was a recent college graduate and was employed at Redstone Arsenal. The husband was in college still and graduated the following year. He worked as an accountant.

Both spouses worked throughout the marriage and at the time of the divorce, the wife was employed by the State of Tennessee where she worked for 16 years in information technology. The husband worked for different employers but was employed as a comptroller for a manufacturer of stainless steel restaurant equipment where he worked since 2004.

The year prior to the divorce, the wife’s base salary was $72,000 and she received a bonus of $1,500. The husband’s gross income was $137,418 including a bonus of $33,115, which he claimed was an unusually large bonus due to the success of the business.

The wife filed for divorce in September of 2007. The husband stipulated the wife was entitled to the divorce due to his inappropriate marital conduct. At the time of the divorce, both parties were 43 years old.

An intermediate appellate court reversed the trial court’s decision on the issue of spousal support and ordered the husband to pay the wife alimony in futuro for $1,250 per month until death or remarriage. This court’s reasoning was that although there was no need for economic rehabilitation give that the wife was a college graduate, alimony in futuro was necessary to mitigate the harsh economic realities of the divorce. The husband further appealed this decision.

The State Supreme Court heard this appeal. In this case, the trial court denied the wife’s request for both short and long-term alimony noting her stable job with the State and earned a good income. The appellate court reversed this and required the wife to pay alimony for $1,250 per month until death or marriage reasoning that the economic conditions warranted this decision.

The husband’s argument is that the appellate court’s decision blurs the distinction between alimony in futuro and transitional alimony, which he claimed established a precedent whereby the spouse may be entitled to permanent support simple because of a difference in income and regardless of age, health, or history of stable employment. The wife claimed that the awarding of permanent alimony was the only way to balance the financial equities of the parties.

The Supreme Court in this case determined the alimony in futuro should not have been awarded in this case as it is intended to provide support on a long-term basis if “the court finds that there is relative economic disadvantage and that rehabilitation is not feasible.” The court stated that the parties were married 21 years and were both 43 at the time of the trial with college degrees and working throughout the marriage. No mental or physical conditions played a role in the decision and no minor children were involved. The Supreme Court ruled that the appeals court should not have reversed the lower court’s ruling.

No. M2009-00894-SC-R11-CV (Tenn. Ct. App. Sep. 16, 2011).

See original opinion for exact language.  Legal citations omitted.

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