$3000 /Mo. X 6 Yrs. Transitional Alimony Awarded TN Wife After 21 Yrs
Tennessee alimony law case summary following 21 years of marriage. Divorce and alimony law from the Tennessee Court of Appeals.
Robert E. Covington v Barbara Covington – Tennessee Alimony Law – 21 years married.
In the divorce case of Robert Covington and Barbara Covington, which ended their 21-year marriage, the trial court awarded the wife transitional alimony, as well as appointing her the primary residential parent and distributed the marital property. The husband appealed the decision claiming that the court incorrectly determined that each person’s pension was separate property. He also appealed the award of transitional alimony claiming it was excessive in the amount and length of time it was awarded.
At the time of the divorce, the parties were married for 21 years since September of 1987. The husband filed for divorce in June of 2007 on the grounds of inappropriate marital conduct or, in alternative irreconcilable differences. The party had two minor sons. The wife denied that she has engaged in inappropriate marital conduct, though she admitted to irreconcilable differences. At the time of the divorce, the husband was 48 years old and the wife was 54 years old. The trial began in March of 2009.
The husband had a Bachelor of Science degree in psychology and the wife had a Bachelor of Science degree from another school. Both met while working for State Farm Insurance Company where he later became an independent contractor. The wife worked about 20 years until 2003 when she voluntarily entered her employment due to stress. The husband initially agreed to this though later stated there was a need for her to go back to work. He claimed that, to make ends meet after she left the position, they had to take out a home equity line of credit and various life insurance policies.
The husband’s monthly gross income was $10,544 and his net income was $7,544. HIs expense statement indicated expenses of $6,681 including a mortgage payment, though he did not own a home at that time. The husband claims that he is running out of money as he cannot borrow from additional sources, though the court found that he had the income to purchase expensive gifts for a paramour, including the purchase of a ring, trips, and additional purchases.
In 2006, the wife began working for Webco where she currently works in sales. In 2007, the wife earned $26,735.04 but only earned $9,266.38 in 2008. She planned to find more stable employment. The wife was making $184.77 per month at Webco and receiving $3,000 per month from the husband. Her monthly income, thusly was $3,184.77 and her monthly expenses were $5,116, including a $2,150 for mortgage and insurance and $860 in credit card payments.
The trial court determined the husband’s gross annual income was $126,000 and the wife was capable of earning $20,000 annually. It awarded child support for $1,029.15 per month. The trial court also awarded transitional alimony for $3,000 per month for six years.
The husband appealed the decision of the trial court in the aspect of transitional alimony stating it was excessive. The wife appealed stating that the trial court should have awarded her rehabilitative alimony once the transitional alimony ends.
The appeals court stated the most important factors a trial court must consider is the need of the disadvantaged spouse and the ability of the spouse to pay. Though the wife was earning very little at the time of the marriage, it noted she had the capacity to earn $20,000 annually. The expenses of the wife included a $2,150 payment for the marital residence, which the court ordered sold. The trial court found the wife did not need to be rehabilitated given her education and work history. The appeals court agreed with this ruling. It also noted that the transitional alimony was the proper form of alimony. It affirmed the decision of the lower court that the wife should receive $3,000 per month in transitional alimony until the marital residence is sold.
However, the trial court also awarded the wife $4,000 per month in alimony after the sale of the marital residence and the appeals court stated that there is evidence that the husband cannot afford to pay this. It also noted that it was troubled that the wife was earning $70,000 per year as recently as 2003 but choose to leave her job due to the stress. The appeals court stated her earning capacity was greater than $20,000 as a result. The appeals court modified the amount of alimony to reflect $2,000 per month from the time the house sells to the death of either party or the wife’s remarriage.
No. E2009-01583-COA-R3-CV (Tenn. Ct. App. June 18, 2010).
See original opinion for exact language. Legal citations omitted.
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