Husband Denied Alimony After 23 Years Married

Tennessee alimony divorce case summary after 23 years married.

Edward Keith Morelock v. Ruth Ellen Mick Morelock

The husband and wife in this Washington County, Tennessee, case were married in 1991 and had two children, one of whom had turned 18 at the time of their divorce.  At the time of trial, the wife was 48 years old and had worked as a nurse her entire career.  At the time of trial, she was working in a managerial nursing position.  The husband was 54, and operated the parties’ family printing business.

Trial was held in 2016, and the lower court entered an extensive 41-page order deciding a number of issues.  The wife was named the primary residential parent with 237 days of residential time with the child.  The husband was granted 128 days of parenting time.  Almost all of the property was classified as marital.  The business was valued at $150,000 and was awarded to the husband along with the business debts.  The wife was awarded the marital residence.

The husband appealed to the Tennessee Court of Appeals and raised a number of issues.  In particular, he argued that the lower court erred in not awarding him alimony.

After affirming the lower court’s rulings on custody and property issues, the Court of Appeals turned to the issue of alimony.  The appeals court first noted that alimony decisions are within the discretion of the lower court, the issues are factually driven, and the lower court must consider many factors.  Therefore, appellate courts are disinclined to second guess these decisions.

The appeals court noted that the trial court had made specific factual findings as to all of the pertinent statutory factors.  It noted that both parties were well educated.  The trial court had noted that the husband had some health problems, but that these did not preclude him from continuing to work.  The husband’s take-home income was somewhat lower, but the court noted that he lived rent-free in a mobile home on his parents’ property.

After reviewing all of the evidence, the Court of Appeals agreed that the lower court had not abused its discretion in not making the award.  Therefore, it also affirmed the lower court’s refusal to award the husband alimony.

Therefore, the Court of Appeals affirmed the lower court’s judgment, and assessed the costs of the appeal against the husband.

No. E2016-00543-COA-R3-CV (Tenn. Ct. App. Aug. 18, 2017).

See original opinion for exact language.  Legal citations omitted.

To learn more, see Alimony Law in Tennessee.