Wife Entitled to Long-term Alimony $500/Mo. After More than 30 Years

Tennessee alimony divorce case summary after 30 years married.

The husband and wife in this Montgomery County, Tennessee, case had been married for almost 30 years when the husband filed for divorce in 2014, alleging inappropriate marital conduct and irreconcilable differences. The wife filed a counterclaim alleging the husband’s inappropriate marital conduct. The parties were able to agree to most issues during mediation, and the case went to trial in 2015 on the issues of grounds for divorce and alimony.

The husband was 49 years old at the time of hearing, and had retired from the Air Force in 2004 after serving 20 years. The wife had been a full-time homemaker during the early years of the marriage, and during the husband’s military service, they had relocated frequently throughout the United States. They settled in Tennessee after the husband left the service, and the wife worked outside the home.

At the time of the divorce, the husband worked for the TVA, earning about $84,000 per year, plus overtime. He also received military retirement and disability. The wife worked as a secretary for the school board and earned about $32,000 per year.

The husband estimated his monthly gross income after the divorce to be about $9,000, and the wife estimated hers at about $3,600.

The trial court granted the wife the divorce on the grounds of inappropriate marital conduct. It awarded the wife transitional alimony of $500 per month for 12 years.

The husband appealed to the Tennessee Court of Appeals, and challenged the amount and duration of the alimony. He admitted that he had the ability to pay, but argued that the wife failed to demonstrate a need for the amount awarded.

The appeals court noted that alimony decisions are ordinarily within the discretion of the trial court, and that would not be reversed unless there was a clearly erroneous assessment of the evidence. It noted that appellate courts should generally not second-guess such decisions.

The court then listed the statutory factors, and pointed out that the evidence did not preponderate against the lower court’s finding that the wife was the economically disadvantaged spouse. It noted that she had taken the role of homemaker and cared for the children while the husband was the wage earner. It also noted that relocating four different times in the first 20 years of marriage prevented her from developing a career.

It noted that since she was in her fifties, it was unlikely that her income would increase much before retirement.

For these reasons, the appeals court affirmed the finding that the wife was economically disadvantaged, and held that the amount awarded was consistent with her need.

As for the duration, the appeals court also agreed with the lower court. It noted that alimony would continue until she was eligible for social security.

The appeals court did disagree with the lower court, however, as to the nomenclature to be applied. The lower court had ruled that the alimony was rehabilitative, but because it amounted to long-term support, the appeals court held that it should be designated as alimony in futuro.

Other than this modification, the Court of Appeals affirmed the lower court’s ruling in all respects.

No. M2015-01987-COA-R3-CV (Tenn. Ct. App. Aug. 1, 2017).

See original opinion for exact language. Legal citations omitted.

To learn more, see Alimony Law in Tennessee.