After 40 Yrs Married TN Husband Must Pay Alimony $1,183/Mo.
Tennessee alimony law case summary following 40 years of marriage. Tennessee divorce and family law from the Tennessee Court of Appeals.
Vera J. Rogers v Sidney David Rogers – Tennessee Alimony Law – 40 years of married
In the divorce between Vera Rogers and Sidney Rogers, the wife was awarded periodic alimony. The marital property was divided. However, the husband appealed the decisions of the lower court. The parties married in 1965 and separated in September of 2002. The wife filed for divorce claiming the husband was guilty of inappropriate marital conduct and that they suffered irreconcilable differences. The case was tried in March of 2005 at which time the marriage of 40 years ended.
At the time of the divorce hearing, the wife was 57 years old. She was married to the husband when she was 17. The husband was in the Air Force and the parties traveled extensively. She stated the husband would not allow her to work outside the home during the first years of their marriage. The husband retired from the Air Force in 1982 and went to work in the family business. She went to work at that time because of lack of income by the husband. She worked in department stores such as Hill’s, Kmart and Book Rack. She also testified of the husband’s abusive conduct.
The business the husband worked for was not successful. Part of it was sold in October of 2004. She testified she owned a used bookstore called Cover to Cover where she was partners with their daughter. She stated she lived in a small room in the back of the store. She earned about $125 per month from the business after all bills were paid. She was diabetic. The husband lost his job in the previous November and had not paid the wife anything since. She testified she had no retirement.
In 2004, she submitted that her monthly expenses were in excess of $2,200. She said she had not worked for similar jobs in recent years due to her health concerns. The husband testified that he worked for Commercial Bank Insurance, which bought part of the family’s business, but that the company laid him off. His total retirement benefits were $637 per month and received $917 in VA disability. His income in total was $2,473.47 per month and with his house payment of $543.26 and other expenses, he had a shortfall each month.
The husband had a bachelor’s degree in business. The wife’s education was at a GED level. The trial court awarded the wife alimony for $1,183.50 per month, which was half of the husband’s then monthly income.
The appeals court determined that the wife was married to the husband for 16 years and 8 months of his 20-year military career. It noted that, due to law, the pension is considered marital property in this instance. The lower court found that the rehabilitation of the wife was not feasible and that long-term support was necessary. The appeals court could find no evidence that this was not the case. The wife’s earning capacity was significantly less and he had more work experience. Though the husband was not in a position at the time of the trial, he stated he was capable of working and was looking for work. He had steady income from the military retirement, social security and VA disability.
The wife’s income was almost non-existent and the husband was earning $2,400 per month, which will increase upon employment. However, the appeals court ruled that the husband’s pension should be a part of marital property and that she was entitled to half of it or $318. It then reduced the alimony award to $865.50. It modified the award of alimony as such.
No. E2005-02645-COA-R3-CV (Tenn. Ct. App. Sep. 12, 2007).
See original opinion for exact language. Legal citations omitted.
To learn more about alimony, read Tennessee Alimony Law in Divorce | Answers to FAQs. Also, see the MemphisDivorce.com Tennessee Family Law Blog and its Alimony category.
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