Tennessee Wife Entitled to Reduced Alimony From Unemployed Husband

Tennessee alimony reduction law case summary following 20 years of marriage. Divorce and alimony law from the Court of Appeals.

Barbara Ann Hernandez v. José Emmanuel Hernandez  – Tennessee divorce alimony

The husband and wife were married in 1991 and had two daughters.  The parties were divorced in 2010, when the daughters were 16 and 19 years old.  While the divorce was pending, the husband was laid off from his job because the company was moving to Florida and eliminating his position.  The husband sought work, collected unemployment, but at the time of the trial court’s final order, he had not found work.

The trial court ordered child support of $253 per month, which was based on the husband’s income from unemployment benefits.

The trial court also found that the wife suffered from several physical infirmities and had a gross monthly income of about $600 from light housekeeping and caregiving services.  The trial court found that the wife was an economically disadvantaged spouse and was entitled to transitional alimony of $600 per month for 36 months.  She was also awarded $4000 in attorney fees.

The husband appealed to the Tennessee Court of Appeals.  He argued that he had zero income, and that there was no claim that he was voluntarily unemployed.  He also contested the award of attorney fees.

The Court of Appeals noted that it must affirm the trial court’s findings with respect to alimony unless the evidence preponderates against them.

The court first examined the trial court’s finding that the wife was economically disadvantaged.  It noted that she was 54 years old, had not worked outside the home for most of the marriage, and had poor health due to connective tissue disease, lupus, Sjogren’s disease, and blood pressure problems.  The wife did have a college degree, but had never used her education or training outside the home during the marriage.

The husband, on the other hand, had earned $80,000 per year as an engineer until he lost his job.  He did not testify as to any health problems.

The court of appeals called this a “classic case” supporting an award of alimony, due to the disparity of the earning capacities and the long-term duration of the marriage.  There was very clearly a need, and it was likely to continue.

However, this was also a case in which the husband was involuntarily unemployed, and was making reasonable and diligent efforts to find a job.  He had zero income at the time of the award, and the wife did not dispute this finding.

Based on these circumstances, the Court of Appeals modified the spousal support award by reducing it to $50 per month, and designated it as alimony in futuro.  With an award of this nominal amount, the wife would be able to ask for modification in the future.  The court noted that the husband was obligated to inform wife within seven days of obtaining a new job.

The Court of Appeals also affirmed the award of attorney fees, and also remanded the case for a re-computation of the husband’s child support obligation.  The costs of the appeal were assessed against the husband.

No. E2012-02056-COA-R3-CV (Tenn. Ct. App. Sept. 27, 2013).

See original opinion for exact language.  Legal citations omitted.

To learn more, read Tennessee Alimony Law in Divorce | Answers to FAQs.  Also, for legal updates, news, analysis, and commentary, see our Tennessee Family Law Blog and its Alimony category.  A Memphis divorce lawyer from the Miles Mason Family Law Group can help.  To schedule your confidential consultation, call us today at (901) 683-1850.