Tennessee Stay-At-Home Mom Entitled to Alimony
Tennessee alimony divorce case summary after 10 years married.
Stephanie Brummett Zarecor v. Glenn Payne Zarecor, Sr.
The husband and wife in this Tennessee divorce case were married in 2001 and had one son. They separated in 2012 and in November of that year, the wife filed for divorce. At the time of the marriage, both worked for the U.S. Department of Agriculture, but in 2002, the wife quit because they agreed that she would be a stay-at-home mother. At the time of their divorce, the husband was still with the USDA and earned about $90,000 per year. The wife had a two-year business degree and had some clerical skills. By the time of the divorce trial, she had a full-time job earning about $18,000 per year.
After dividing the marital property, the trial court awarded the wife alimony in solido in the amount of $10,000. In addition, she was awarded transitional alimony in the amount of $1000 per month for three years, followed by $650 per month for another four years. The husband was $2,000 in arrears on alimony, and the court required him to pay an additional $500 per month until this was paid in full. The husband then appealed to the Tennessee Court of Appeals.
He first argued that the trial court should have made written fact findings. He also contested the award of alimony.
The appeals court noted that it was error not to make the written fact findings, but also noted that in cases where clear legal issues are involved, it is not always necessary to remand the case before reviewing those issues. Therefore, the court went on to look at the alimony award and how it related to the governing law.
The appeals court first looked at the $10,000 lump sum, which the trial court had awarded to help the wife have a residence. After reviewing the evidence, the court held that there was nothing indicating that the trial court had abused its discretion or applied the wrong legal standard. Therefore, it allowed this award to stand.
The court then turned to the transitional alimony. It noted that the husband didn’t make any specific argument that the amount was excessive. He merely argued that the trial court did not specifically make a finding that the wife would be unable to transition to single life without the award.
The appeals court noted that the trial judge had made an oral ruling that considered the relevant factors, such as the relative earning capacities and resources of the parties, the duration of the marriage, their age, and details of the property settlement.
After reviewing the record as a whole, the court concluded that the evidence supported the award of transitional alimony, and also let it stand.
For these reasons, the Court of Appeals affirmed, and also assessed the costs of the appeal against the husband.
No. W2014-01579-COA-R3-CV (Tenn. Ct. App. July 9, 2015).
See original opinion for exact language. Legal citations omitted.
To learn more, see Alimony Law in Tennessee.
