Alimony Ends When Wife Remarries | Alimony Type Disputed

Tennessee alimony modification case summary.

Tennessee alimony modification case summary.

The husband and wife in this Sevier County, Tennessee, case were married in 1987. At the time of their 2011 divorce, they agreed to most issues, including alimony. The type of alimony was never specified, but the amount was set at $1,100 per month for eight and one half years. The last four years were conditional upon the husband’s achieving the rank of captain at the airline where he worked.

The husband came back to court in 2018 asking for the alimony obligation to be modified. This was based upon the wife’s 2018 remarriage. He pointed out that under Tennessee law, there is a presumption that most alimony terminates after the other spouse remarries.

The wife argued that this provision didn’t apply because the alimony should be classified as alimony in solido, which is not affected by remarriage, even though paid in installments. The husband countered that the alimony was actually transitional in nature.

The case was heard by Judge Telford E. Forgety, Jr., who agreed with the husband. In particular, the trial court zeroed in on the contingent nature of the alimony, namely the husband’s status at his job. Therefore, the trial court ended the husband’s alimony obligation. Dissatisfied with this outcome, the wife appealed to the Tennessee Court of Appeals.

The appeals court began by discussing the four types of alimony allowed by Tennessee law. It noted that alimony in solido was a form of long-term support awarded on the date of the decree. Under the relevant statute, this type of alimony does not terminate upon remarriage. It also noted that such alimony is intended to balance out the distribution of property.

But the appeals court noted that the amount of such alimony is ascertainable when awarded, even if paid in the future. It also examined the rationale behind transitional alimony.

In this case, the original decree had spoken of the alimony as being for ongoing support, and the decree made no mention of adjusting the distribution of marital property. The appeals court also agreed with the trial court that the conditional nature meant that it was not alimony in solido, since it was not possible to ascertain the exact amount at the time of the divorce.

For these reasons, the Court of Appeals affirmed the decision of the lower court, and taxed the costs of the appeal against the wife. It remanded the case for collection of those costs.

No. E2019-00576-COA-R3-CV (Tenn. Ct. App. Jan. 28, 2020).

See original opinion for exact language. Legal citations omitted.

To learn more, see Alimony Modification in Tennessee Law | How to Modify Alimony.