After 5 Yrs Married Husband Gives Wife STD & $288,000 in Divorce
Tennessee alimony law case summary following 5 years of marriage. Tennessee divorce and family law from the Tennessee Court of Appeals.
Wife vs. Husband – Tennessee Alimony & Divorce Law – 5 year marriage.
In this case, the wife filed for divorce on grounds of inappropriate marital conduct, adultery, and irreconcilable differences. She amended this also to include that the husband negligently infected her with a sexually transmitted disease (“STD”). The trial court awarded alimony in solido and alimony in futuro to the wife and damages of $288,000 for the negligence claim. The husband appealed the propriety of the trial court’s award of alimony in solido and alimony in futuro in this case.
The two married in November of 2001 and had one minor son. The couple relocated from Florida to Tennessee for the husband’s job. The husband engaged in an extramarital affair and, in 2006, the wife began experiencing symptoms of an STD. The trial court awarded the divorce to the wife and provided the primary residential custody for the child.
In the appeal, the husband states the trial court erred in finding that he negligently infected the wife. Noting the trial court’s decision that the wife was credible in all aspects, the court found the husband’s claims not credible. Due to the numerous inconsistencies in the testimony of the husband, the decision to award the negligence on the husband was justifiable, the appeals court ruled.
At the time of the trial, the wife was 30 years old. The wife asked for two years of rehabilitative alimony at $1,000 per month and the trial court found she demonstrated a need for spousal support. It found the husband had the ability to provide the support and thus awarded the wife $24,067.13 as alimony in solido. The husband claimed the wife did not original ask for alimony and, though she concedes this, said that it was an assumption of the filing.
The wife showed her expenses were $4,186.32 per month and she earned $2,734 per month. Based on this need, the appeals court stated the husband must pay the alimony. In the award of alimony in futuro of $1 per month as a method of avoiding a potential bankruptcy claim against the tort award, the trial court noted that by providing such an award, it allowed the wife to come back to ask for modification should the bankruptcy occur. The husband asserts that since the award of $288,000 would affect the support need of the wife, the court does not have a right to offer this “back door” option to the wife. However, due to the wife’s lack of and need of health care, the trial judge awarded this option.
The appeals court noted this but also noted that alimony in futuro was to be awarded in situations in which rehabilitation is not possible. Thus, it ruled the trial court abused its discretion in making the award and reversed the award of alimony in futuro.
No M2007-01522-COA-R3-CV, September 17, 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.
