Tennessee Wife Denied Alimony When She Fails to Show Need
Tennessee law case summary on alimony in divorce and family law from the Court of Appeals.
John Scott Terry v. Tina Lynn Terry – Tennessee divorce alimony no need.
John Scott Terry and Tina Lynn Terry were married in 1992 and had one child who had reached the age of majority prior to their divorce. The mother also had a child from a previous marriage. When they got married, the husband worked at his family’s service station and later became an over-the-road truck driver. The wife worked at Blue Cross Blue Shield of Tennessee but later became a stay-at-home mother. The husband owned a home free and clear prior to the marriage, and that became the parties’ marital residence. In 2002, the husband became a welder and began working on jobs around the country.
They separated in 2005, and the wife went to live with her parents and got a job as a doctor’s receptionist. The husband filed for divorce in 2008, and the final divorce decree was entered in 2012.
The court ordered that the parties’ home be sold. $80,000 was to go to the husband for his pre-marital contribution, and the remainder was to be divided. The remaining assets were divided $120,000 to the husband and $97,000 to the wife. Even though the division was not equal, the trial court concluded that it was equitable. The trial court denied the wife any spousal support, and she appealed to the Tennessee Court of Appeals.
The trial court had concluded that the parties had been separated for seven years at the time of the divorce, and noted that the wife had not found it necessary to ask for any spousal support during that time. During that same time, she had managed to accumulate $17,000 in her bank account. The court also noted that she had been awarded substantial assets in the property division. The trial court ruled that because of these factors, the wife had not shown any need.
The Court of Appeals examined the evidence carefully and concluded that the trial court had acted within its discretion. It had followed the correct statutory factors, and there was no reason to reverse the trial court’s judgment..
No. M2012-01784-COA-R3-CV (Tenn. Ct. App. Nov. 20, 2013).
See original opinion for exact language. Legal citations omitted.
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