Husband Must Pay $1K/Mo. Alimony in Futuro After 7 Yr. Marriage

Tennessee alimony divorce case summary after 7 years married.

Benita Renee Yocum v. Jason Richard Yocum

The husband and wife in this Tennessee divorce case were married in 2007 in Ohio and separated in 2012.  Although the husband was employed overseas, they had established residence in Tennessee.  The wife was primarily a stay-at-home mother.  Numerous issues were addressed at trial, including the question of alimony.  The husband was ordered to pay spousal support in the amount of $1,000 per month.  This was designated as alimony in futuro, subject to future modification upon showing of change in the wife’s need or the husband’s ability to pay.  The wife was also named the primary residential parent.

The husband appealed to the Tennessee Court of Appeals, and raised a number of issues.  These included the husband’s argument that the trial court had erred in the type, duration, and amount of alimony.

After addressing a number of procedural issues, the appeals court turned to the issue of spousal support.  The trial court had considered the parties’ incomes, ability to pay, and the wife’s status as the disadvantaged spouse.

Overall, the appeals court agreed with the lower court’s determination as to both spousal support and child support.  It found the award of spousal support to be correct, but did note an error in the calculation of child support.

The complicated procedural posture of the case made it somewhat difficult for the appeals court to analyze the evidence, but it made a careful review of the financial factors of the case.

After reviewing all of the evidence, the court agreed with the lower court that the award of $1,000 per month of alimony in futuro was appropriate.

For these reasons, the Court of Appeals remanded the case for correction of some parts of the lower court’s order, but generally affirmed it.

No. E2015-00086-COA-R3-CV  (Tenn. Ct. App. Dec. 15, 2015).

See original opinion for exact language.  Legal citations omitted.

To learn more, see Alimony Law in Tennessee.