Military Contractor Doesn’t Get Alimony Reduction When Stopping Work

Tennessee alimony modification case summary following 27 years married.

The husband and wife in this Tennessee case were divorced in 2010 after a 27 year marriage. The husband had retired from the army prior to the divorce, and since then had worked as a helicopter pilot for military contractors in the Middle East. He worked under annual contracts and was overseas 60 days at a time. The husband was ordered to pay alimony in the amount of $1,500 per month.

In 2013, the husband’s contract was up for renewal, and the new contract would have required him to be outside the country for 90 days at a time rather than 60. He decided not to renew the contract, and it expired in August 2013.

In July 2013, he made a motion to amend his alimony obligation based upon changed circumstances. The trial court agreed that the husband no longer had the ability to do a 90 day rotation, and reduced his obligation to $900 per month.

After post-trial motions, the wife appealed to the Tennessee Court of Appeals.

Under Tennessee law, the test for modifying an award of alimony in futuro is whether there has been a substantial and material change of circumstances.

The Court of Appeals agreed with the wife that this had not been a material change of circumstances. The only change in the contract was the rotation length, and there was no evidence that the husband was physically or mentally incapable of doing the work full time.

The appeals court also noted that the husband knew at the time of the divorce that contracts were for one year, and that there was always a chance of a contract not being renewed. Because that was foreseeable, the event actually happening did not constitute a material change of circumstances.

For these reasons, the Court of Appeals reversed the lower court’s order, and also awarded the wife her attorney fees.

No. M2015-00736-COA-R3-CV (Tenn. Ct. App. Aug. 26, 2016).

See original opinion for exact language. Legal citations omitted.

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