After 24 Yrs Married, Tennessee Husband Must Pay $1,200 per Month Transitional Alimony for 5 Yrs

Tennessee alimony law case summary following 24 years of marriage. Divorce and alimony law from the Tennessee Court of Appeals.

Molly Rika Hatfield v. Rodney G. Hatfield – Tennessee divorce and alimony law – married 24 years

The husband and wife were divorced in 2011 after a 24-year marriage.  The husband’s gross monthly income was $8000, but the wife’s income was zero.  The wife had completed three years of college, but was primarily a stay-at-home mother during the marriage.  She had previously held a real estate license, and her highest income during the marriage had been $22,000 per year in 1989.  The trial court awarded substantially all of the marital property to the wife.  On appeal, the Tennessee Court of appeals agreed with the trial court’s strategy in making this award, but modified it by awarding the husband the remaining value of his 401k as individual property.

The husband was also ordered to pay alimony in futuro in the amount of $1500 per month.  The husband also appealed this portion of the order, and argued that the wife had no need for alimony.  In addition, he argued that any alimony should have been categorized as transitional alimony rather than alimony in futuro.  He argued that she had no need for alimony because her net assets were almost $400,000.  However, the trial court had determined that given her monthly living expenses, she had a need of $2300 per month.

The Court also looked at the husband’s ability to pay.  His net income was approximately $4900.  The trial court had discounted many of the husband’s expenses.  For example, the trial judge was “not impressed” with the husband’s $2100 housing expense “out in California close to his girlfriend.”  Similarly, the trial judge was “not impressed” with the claim of $525 for food expense for one person.

The Court of Appeals, however, was somewhat more sympathetic, and determined that the evidence preponderated against the finding that the husband had the ability to pay $1500.  Instead, the Court of Appeals examined the evidence and determined that the husband had an ability to pay and should be ordered to pay $1200 per month in transitional alimony for a period of five years.

No. M2012-00358-COA-R3-CV (Tenn.Ct. App. Feb. 7, 2013).

See original opinion for exact language.  Legal citations omitted.

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