Wife Gets $4,500/Mo. Alimony in Futuro After 34 Year Marriage

Tennessee alimony divorce case summary after 34 years married.

Sharon K. Yuhasz v. Joseph D. Yuhasz

The husband and wife in this Davidson County, Tennessee, case were married in 1982 when they were both 23 years old.  During the marriage, the wife stayed at home with the children while the husband pursued his career.  In 2003, the wife discovered pornographic pictures of a female friend of the husband on his computer, and they separated.  The wife filed for divorce in 2014, and the case went to trial in 2016.  After trial, the court divided the property and awarded the wife $4,500 per month in alimony in futuro, which was to be paid until one of the parties died or the wife remarried.  The wife was also awarded over $40,000 in attorney fees.  The husband appealed to the Tennessee Court of Appeals and argued that the lower court had miscalculated the wife’s need.

The husband also argued that the trial court should have considered the testimony of a vocational expert called by him as an expert witness.  However, the appeals court concluded that the issue was not properly raised because the expert’s material was not included in the technical record.  Therefore, it turned to the husband’s main argument, the amount of spousal support.

The appeals court began by noting that trial courts have very broad discretion when it comes to alimony awards.  The determination is very fact driven, and appellate courts generally do not second guess the factual determinations of the trial court.

The husband argued that the trial judge had failed to take into account that the couple’s adult children were living with the mother rent free.  Under the alimony guidelines, he argued that a court should consider the fact that a third party is receiving support from the person receiving alimony.

But the appeals court agreed with the lower court that this factor was not relevant to the case.  In fact, it noted that the husband had encouraged the adult son to move in with the wife after a period of unemployment.  But by the time of trial, the son was paying all of his own bills and was looking for an apartment.

The married daughter was living with the wife, but she and her husband were in the process of buying a new house.  In the meantime, she paid all of her own bills.

The husband, formerly with General Motors, also argued that the wife’s computed need was only about $4,379 per month, but that she had been awarded $4,500 per month.  But the trial court had found that the wife was close to retirement, and would soon start needing to pay for health insurance and home maintenance.

The husband also argued that some of the amounts on the wife’s expenses were incorrect.

After reviewing these arguments, the appeals court ruled that the trial court had acted within its discretion in awarding the slightly higher amount.

After reviewing the property distribution, the wife’s claim of dissipation by the husband, and the award of attorney fees, the Court of Appeals affirmed the decision of the lower court.  It remanded the case for a computation of attorney fees.

No. M2017-00880-COA-R3-CV (Tenn. Ct. App. May 24, 2018).

TN Wife Gets $4500 alimony after 32 year marriage.

See original opinion for exact language.  Legal citations omitted.

To learn more, see Alimony Law in Tennessee.