Cheating Tenn CPA Married 24 Yrs Must Pay $2,500 /mo Alimony in Futuro
Tennessee alimony law case summary following 24 years married. Tennessee divorce and family law from the Tennessee Court of Appeals.
James David Gamble v Susan Marie Gamble – Tennessee Alimony in Futuro Law – 24 years of marriage.
In the divorce case of James Gamble and Susan Gamble, the dispute over the award of spousal support was brought to the appeals court. The marriage dissolved after 24 years. The wife as granted a divorce on the grounds of inappropriate marital conduct and the court awarded her $2,500 per month in alimony in futuro. The husband appealed this ruling stating it should be rehabilitative alimony and the amount of the alimony in general.
The couple married in 1982 and had five children, the youngest of which would be 18 in June of 2008. The husband worked as a certified public accountant and the wife possessed a baccalaureate degree in art education. The couple determined at the start of the marriage that the wife would raise the children. The parties lived frugally. In September of 2004, the parties separated after the husband had an inappropriate relationship with another woman. The husband filed for divorce. The trial court ruled in February 2006 in the case. It granted the wife the divorce.
At the time of the trial, the husband worked full-time and earned $118,000 per year. The wife was working part-time as an art teacher and earned $15,000 per year. The final decree occurred in March of 2006 and awarded the wife $2,500 in alimony in futuro.
The husband appealed this decision. However, during the oral arguments, the husband’s lawyer conceded that the trial court did not err by awarding long-term support. This meant the only issue in front of the court was the amount of the award. This type of support is intended to provide long-term support to the economically disadvantaged spouse who is unable to be rehabilitated. The appeals court looked at numerous factors to determine this including the wife’s age, educational background and the fact that she did not work for 24 years during the marriage. She was not awarded capital assets in the division of the marital property. By these facts, the appeals court noted she demonstrated a need for support.
The husband’s gross earnings, including a bonus amounted to $115,000 per year at the time of the trial. His child support requirement will end in the middle of 2008 and he will always be able to request a change in the award of alimony if his circumstances change or the wife’s income increases. The appeals court, therefore, affirmed the award of $2,500 finding no err in the lower court’s awarding of the funds to her.
No. M2006-00797-COA-R3-CV, May 16, 2007.
See original opinion for exact language. Legal citations omitted.
To learn more about alimony, read Tennessee Alimony Law in Divorce | Answers to FAQs. Also, see the MemphisDivorce.com Tennessee Family Law Blog and its Alimony category.
Memphis divorce lawyer, Miles Mason, Sr. practices family law exclusively and is the founder of the Miles Mason Family Law Group, PLC, which handles Tennessee family law matters including divorce, alimony, alimony modification, child support, and child support modification. Download our free e-Book, Your First Steps: 7 Steps Planning Your Tennessee Divorce. Contact an attorney today at (901) 683-1850.
