Wife Loses Alimony During Cohabitation But Reinstated After

Tennessee alimony modification and cohabitation or living together case summary.

Shannon Robert Gregory v. Kelly Ann Gregory

The husband and wife in this Rutherford County, Tennessee, case were married for 23 years before their 2009 divorce.  They had one child who had epilepsy.  While the divorce was pending, the mother relocated to Texas with the daughter.  The husband was ordered to pay $865 per month in child support and $500 per month in alimony.  Because the court found that the daughter was severely handicapped, the child support was to continue indefinitely.  In 2010, the child support was lowered to $626 per month, and the court determined that this would continue until the daughter was 22.

In 2014 and 2015, proceedings were held to further modify the obligations.  The father first argued that the child support was no longer necessary.  He also presented evidence that the wife was cohabitating, and that the alimony should be terminated for this reason.  The trial court continued the child support obligation, but suspended the alimony during the time that the wife was cohabitating.  However, since the cohabitation had ended at the time of trial, the trial court allowed the alimony to resume.

The father then brought an appeal to the Tennessee Court of Appeals, raising a number of issues.  One of his arguments was that the trial court had erred in reinstating the alimony after the cohabitation had ended.

The appeals court first looked at the statute, and concluded that the proper remedy is suspension of alimony during cohabitation, rather than ending it permanently.  Under the statute, there is a rebuttable presumption that the recipient spouse no longer had need for alimony when there is cohabitation.  It contrasted this with language calling for immediate termination upon death or remarriage.  The appeals court then reviewed the facts and concluded that the evidence supported reinstating the alimony upon the end of cohabitation.

The court also affirmed the trial court’s rulings with regard to child support and an award of attorney’s fees.  It also taxed the husband with the costs of the appeal.

No. M2015-01781-COA-R3-CV (Tenn. Ct. App. June 30, 2016).

See original opinion for exact language.  Legal citations omitted.

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