After 35 Yrs Married, TN Husband Must Pay $2,800/Mo Alimony in Futuro
Tennessee alimony law case summary following 35 years of marriage. Divorce and alimony law from the Tennessee Court of Appeals.
Jan Bottorff v Robert E Bottorffe, Jr. – Tennessee Alimony Law – 35 years married.
In the divorce of Jan Bottorff and Robert Bottorff, the husband appealed the lower court’s ruling. The trial court awarded the wife alimony in futuro and attorney’s fees. It also required the husband to maintain a life insurance policy to secure the alimony obligation. The husband appeals both the amount and the length of the alimony believing it to be extensive.
The parties married in 1971. In February 2006, the wife filed a complaint of divorce against the husband claiming he committed adultery. During the first four years of the marriage, the husband served in the US Air Force. After an honorable discharge from the military in 1975, the husband held a position with South Central Bell. The marriage continued for the next 21 years. The wife worked as an education assistant and served as caregiver to the children. In 1996, the husband’s employment was in jeopardy and they moved to California so he could accept a position with a television company. The wife remained in Nashville believing the stay in California was short-term. However, the husband never returned.
In California, the husband earned $108,631 per year. He had a comfortable lifestyle and traveled throughout the world. The wife remained as an education assistant and earned an average salary of $13,928 per year. She had a non-lavish lifestyle. After ten years, the wife filed for divorce alleging irreconcilable differences and, at that time, she found that the husband was engaged in an adulterous relationship and had others prior to moving to California.
The trial court ruled in March of 2007 and awarded the wife alimony in futuro for $2,800 per month until the wife’s death or remarriage. The trial court also stated the husband must maintain a life insurance policy of $200,000 to secure the alimony award. The husband appealed these rulings. An award of alimony in futuro is provided when one spouse has an economic disadvantage and rehabilitation is not feasible.
Court Notes Lavish Lifestyle, Exotic Travel, Multiple Affairs in Tennessee Alimony Decision
To make its decision, the court noted that the wife was 54 at the time of the trial and had little formal education. The wife was an education assistant for 17 years and earned $13,928 per year. The husband earned $108,000 per year and lived a lavish lifestyle, traveling to Saudi Arabia, South Africa, Brazil, Jamaica and numerous other exotic locations. The appeals court, thusly affirmed the lower court’s ruling that alimony in futuro was necessary. As to the amount, the appeals court found that the wife’s income was negative of $700 per month, and this was not due to her overspending. The appeals court found that the amount was not excessive in any means and affirmed this decision of the lower court.
NO. M2007-01792-COA-R3-CV (Tenn. Ct. App. July 21, 2008).
See original opinion for exact language. Legal citations omitted.
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