Ex-Husband Loses Alimony Reduction Even Though Ex-Wife Working

Tennessee alimony modification case summary.

After 22 years of marriage, the husband and wife in this Coffee County, Tennessee, case were divorced in 2016. In addition to the property settlement, the court awarded transitional alimony to last through 2019. At that point, the husband was to begin paying alimony in futuro in the amount of $300 per week.

In 2019, the wife filed a petition for contempt, alleging that the husband was $700 in arrears. The husband made a petition to terminate the alimony based upon a material change of circumstances.

After a hearing, the husband was found to be in arrears in the amount of $100, and he was ordered to pay that amount. But the trial court found that there was no change of circumstances, and declined to modify. The husband then appealed to the Tennessee Court of Appeals.

The husband argued that at the time of the divorce, the wife was suffering from a number of medical issues and was unable to work. But he argued that her condition had improved, someone was living with her who could contribute to expenses, and she was employed and earning enough money.

The wife testified that she worked cleaning rooms in a hotel, and she was paid $4.37 for each room. Because of COVID-19, her work had been reduced drastically, and she earned only a little over $100 every two weeks. She also testified that the most she had earned was $475 when the hotel was super busy.

The appeals court reviewed the evidence and agreed with the trial court that the husband had not shown a material change of circumstances. Even at the time of the divorce, there was an expectation that the wife might work in the future. And while there was evidence that others lived with the wife, such as her adult children, there was no evidence that she contributed to their living expenses.

For these reasons, the Court of Appeals affirmed the decision of the lower court. It also assessed the costs of appeal against the husband.

No. M2020–00951-COA-R3-CV (Tenn. Ct. App. Apr. 23, 2021).

See original opinion for exact language. Legal citations omitted.

To learn more, see Alimony Law in Tennessee.

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