Tennessee Wife Entitled to Permanent Alimony After 32 Years Married
Tennessee alimony law case summary following 32 years of marriage. Divorce and alimony law from the Court of Appeals.
Romelio R. Ruiz v. Sheila Lea Ruiz – Tennessee alimony married 32 years
Romelio and Sheila Ruiz were married in 1981 when the husband was in the Navy and the wife had just turned 18. After serving in the Navy, the husband worked as a boiler contractor. By 2012, his income was about $130,000 per year. The wife worked outside the home only for a brief period as a travel agent.
The husband filed for divorce in 2012. After trial, the court divided the property and awarded the wife alimony in the amount of $1,300 per month for five years. The wife appealed to the Tennessee Court of Appeals. Among other issues, she argued that she was entitled to an award of permanent alimony.
As in all non-jury cases, the appeals court first pointed out that it reviews the findings of fact de novo, but with a presumption of correctness. After reviewing the property distribution, which it largely affirmed, the court then turned to the question of alimony.
The appeals court noted that Tennessee has four types of alimony: alimony in futuro, alimony in solido, rehabilitative alimony, and transitional alimony. The wife argued that the trial court should have granted alimony in futuro, a fixed amount which would be paid permanently until she died or remarried. The appeals court looked to the statute containing the factors to be considered in making this decision.
It concluded that the most important factors in this case were the wife’s need and the husband’s ability to pay. The lower court had set the wife’s earning capacity at about $16,000 per year and had imputed income to her in this amount. The appeals court noted the disparity between this amount and the husband’s actual income of $130,000. It also noted that she had only a high school education and had rarely worked outside of the home. It also stressed the fact that the marriage had lasted for over 30 years, and called the length of the marriage a significant factor.
The appeals court also pointed to the wife’s limitations because of physical and mental health problems. These included chronic pain, depression, and anxiety. She was also dependent on pain medication, which the appeals court noted made it harder for her to find employment.
After weighing all of the evidence, the appeals court concluded that she was economically disadvantaged and unable to achieve self-sufficiency. When the alimony award ended in five years, the court noted that she would “likely be in serious financial trouble.”
After weighing all of the factors, the appeals court concluded that an appropriate award would be $1,000 per month, until her death or remarriage.
The appeals court also concluded that the lower court should have awarded her attorney fees.
For these reasons, the appeals court reversed the trial court’s holding and remanded the case for determination of the amount of attorney fees.
No. E2013-02142-COA-R3-CV (Tenn. Ct. App. Oct. 27, 2014).
See original opinion for exact language. Legal citations omitted.
To learn more, read Tennessee Alimony Law.
