Wife Awarded $1.9K Per Month Alimony In Futuro Following 29 Year Marriage
Tennessee alimony divorce case summary after 29 years married.
Glenna Randolph Inman v. Robert Allan Inman, Jr. – Tennessee alimony divorce after 29 year marriage
The wife, Glenna Inman, filed for divorce in Tennessee in 2013 after a 29-year marriage to Robert Inman, Jr. At the time of the divorce, the wife was 63 years old and in poor physical condition. The trial court found that the husband, who was 60, was in good physical condition and had a higher earning capacity. It also found that he had an ability to pay and the wife had a need. Therefore, the trial court awarded alimony in futuro in the amount of $1,900 per month. The husband then appealed to the Tennessee Court of Appeals.
At trial, the husband had testified that the wife was voluntarily underemployed. However, she testified that she was working as much as she could, given her physical condition and other circumstances.
The appeals court first noted that appellate courts should generally not second guess alimony decisions of trial courts, since the lower court has broad discretion to consider all of the relevant factors. It also noted that the trial court’s findings enjoy a presumption of correctness, and should not be set aside unless the evidence preponderates against them.
The appeals court then examined the evidence. The husband was a letter carrier, and earned about $61,000 per year. He was eligible to retire at age 63, but stated that he had not plans to do so at that time.
The wife, on the other hand, had a shoulder replacement which resulted in permanent nerve damage. She had also had replacement surgeries for her hips and for the other shoulder, as well as other health conditions. She worked as a substitute teacher.
The husband testified that she had frequently turned down substitute positions, but she testified that she could only work a few days per week when she was feeling well, and that she only declined jobs because her physical condition couldn’t handle them. Her gross income from teaching was about $300 per month. She showed expenses of $2,909 per month.
After reviewing the evidence, the appeals court concluded that the evidence did not preponderate against the lower court’s findings, and affirmed that the wife was not voluntarily underemployed, and the amount of the lower court’s award of alimony.
No. E2014-01163-COA-R3-CV (Tenn. Ct. App. May 26, 2015).
See original opinion for exact language. Legal citations omitted.
To learn more, see Alimony Law in Tennessee.
