23 Yrs Married Disabled TN Wife Gets $2K/Month Alimony in Futuro

Tennessee alimony divorce case summary after 23 years married.

Gela Annette Fabrizio v. Keith Anthony Fabrizio, Sr.

The husband and wife in this Tennessee divorce case were married in 1991 and separated in 2012.  During the marriage, both spouses were employed and contributed to the marital estate.  Later in the marriage, the wife began experiencing health problems, including chronic obstructive pulmonary disease, sino-pulmonary infections, joint disease, back pain, and urinary problems.  Some of her issues required hospitalization.  By the time of trial, she was no longer able to work and had no income.  The husband was working, with a gross monthly income of about $5,800.

After trial, the court determined that the wife was the economically disadvantaged spouse and was entitled to alimony of $2,000 per month.  This amount would be revisited if the wife’s disability claim was approved.  Dissatisfied, the husband appealed to the Tennessee Court of Appeals.  He argued that the amount of alimony was excessive under the circumstances.  The appeals court began by reviewing the relevant statutory factors.  It noted that those factors pointed strongly to the wife’s need for alimony.  She was unable to work and had zero income, while the husband was still employed and earning income.  It also pointed out that the wife’s health was the primary reason for her inability to work.  Finally, it noted that the long duration of the marriage pointed to the need for alimony in the case.

After carefully reviewing the evidence, the appeals court concluded that the lower court had acted appropriately, and affirmed the judgment.  It also assessed the costs of the appeal against the husband.

No. E2014-02067-COA-R3-CV (Tenn. Ct. App. Oct. 29, 2015).

See original opinion for exact language.  Legal citations omitted.

To learn more, see Alimony Law in Tennessee.