Divorcing Husband Not Liable For Wife’s Left Over Educational Expenses

Tennessee alimony divorce case summary after 11 years married.

Christopher Eric Tidwell v. Alicia Ann Tidwell

The husband and wife in this Tennessee divorce case met in high school.  After the mother became pregnant, both dropped out of school and later married.  The father obtained his G.E.D. and became an auto mechanic.  In 2008, he started his own business as a tool salesman, and earned about $75,000 per year.  While the wife had some jobs, most of her time was devoted to raising the two children.  She also became ill with a thyroid condition.

In 2013, the husband filed for divorce, alleging irreconcilable differences and inappropriate marital conduct.  The wife also alleged that the husband was guilty of inappropriate marital conduct.

The case went to trial, and the wife was granted a divorce based upon the husband’s conduct.  The court divided property and set a parenting plan.  The father was ordered to pay child support of $1,097 per month, rehabilitative alimony of $350 for thirty months, and pay attorney’s fees of $6,000.  He was also ordered to pay the mother’s educational expenses without any time restriction or amount limitation.  The father then appealed to the Tennessee Court of Appeals.

After addressing some other issues, the appeals court turned to the alimony rulings.  The trial court had based its award on the fact that she was pursuing a surgical technician degree.

The husband did not appeal the award of $350 per month.  But he did object to having to pay all “left over” educational expenses after financial aid.

The appeals court noted that any form of rehabilitative alimony is designed to make the receiving spouse more self-sufficient following the divorce, and the trial court has great discretion in making an award.  The appeals court agreed that the wife was entitled to some support.

The trial court’s order asked the wife to “use every means possible to obtain grants and similar financing to fund her education.”  But the appeals court agreed with the husband that the vagueness of this provision could work an injustice against the husband.  For that reason, the appeals court vacated this portion of the order.

The court did then had to decide whether the remaining $350 would be insufficient to support the wife’s rehabilitation.  The wife’s tuition, for example, was about $8,000 per year.  But it did note in the evidence that the wife was likely to receive other financial aid.  Therefore, it held that the award of $350 for 30 months was more than sufficient to provide for her rehabilitation.

The appeals court did uphold the award of attorney’s fees, but made them payable over a period of 30 months.  For these reasons, the court modified the lower court’s ruling and remanded the case.

No. M2015-00376-COA-R3-CV (Tenn. Ct. App. Feb. 2, 2016).

See original opinion for exact language.  Legal citations omitted.

To learn more, see Alimony Law in Tennessee.