62 Yr Old TN Ex-Wife Gets Alimony Extended After Yoga Studio Failed
Tennessee alimony modification law case summary following 25 years of marriage. Divorce and alimony law from the Court of Appeals.
Linda Alexander Owens v. James Emery Owens – Tennessee divorce alimony modification
The husband and wife had been married for about 25 years at the time of their 2004 divorce. The wife was awarded rehabilitative alimony of $3,000 per month, which was to continue until 2012. In 2009, the wife filed a motion to increase both the amount and the duration of the alimony. She alleged that she had been unsuccessful in her attempt to earn a living selling real estate and as a yoga instructor, and that she had been forced to incur debt to pay her bills. A trial was held in 2011, at which the wife presented testimony as to her unsuccessful efforts to build her businesses. She testified that her monthly expenses were $8,876 at the time of trial. The wife owned both her house and car free and clear. She was 62 years old at the time of trial.
The trial court denied the wife any relief. The trial court found that the wife had failed to prove that she had made all reasonable efforts to rehabilitate herself after the divorce. Even though the trial court felt that this ruling was harsh, it believed that it was required under the law. The wife appealed to the Tennessee Court of Appeals.
The Court of Appeals noted that rehabilitative alimony may be modified only if the recipient’s prospects for economic rehabilitation have materially changed, and it examined the evidence to determine whether this standard had been met. It reiterated what the trial court had found, that the wife had limited job skills. It found that her job skills and opportunities had not improved since the divorce. Under these circumstances, the court held that it was appropriate to convert the rehabilitative alimony to alimony in futuro, since there had been a material change of circumstances.
The Court then examined her circumstances and determined that the appropriate amount in her case would be $2,000 per month, this amount to commence the month after the original rehabilitative alimony ceased. The Court of Appeals also determined that she was entitled to her attorney’s fees for the appeal.
No. M2012-01186-COA-R3-CV (Tenn. Ct. App. July 30, 2013).
See original opinion for exact language. Legal citations omitted.
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