Tenn. Wife Denied Alimony After 28 Yr Marriage Due To Earning Capacity

Tennessee alimony law case summary following 28 years of marriage. Divorce and alimony law from the Court of Appeals.

Michael Timothy Brown v. Janine Biache Brown – Tennessee divorce alimony law

The husband and wife were married in 1983 and divorced in 2011 on the grounds of irreconcilable differences.  At the time of the divorce, the wife was 51 years old.  She had a college degree in accounting, but the husband had no college degree.  The parties entered into a stipulation covering most property issues, and requested on hearing on the wife’s application for alimony.  The court found that the husband and wife had both received comparable shares of the property, with the wife receiving slightly more.

The trial court held that the wife was not entitled to any type of alimony, and she appealed to the Tennessee Court of Appeals.  She argued that the trial court had failed to consider her “real need,” since her expenses exceeded her income.  She had listed her income as $1,138 per month, and her expenses as $3,797.  She also argued that the trial court had failed to consider the fact that the husband had been at fault in causing the divorce.

The Court of Appeals held that the trial court had considered the proper factors.  While fault the wife’s actual need are factors, the Court of Appeals noted that these factors are not exclusive.  Most of those factors relate to the parties’ actual situation, but also their ability to improve those situations.  The Court of Appeals found that the trial court had properly considered all of the factors, and that based upon the trial court’s ability to weigh the demeanor and credibility of the witnesses, those findings would not be disturbed.

The wife had received a degree in 1992 from Middle Tennessee State University in business administration.  At the time of the divorce, she had been earning $8.40 per hour in a data entry position at Tennessee Farm Bureau.  That position did not require any college degree.  During the marriage, she had worked for a CPA firm for six months and had earned $24,000 per year.  After leaving that position, she had worked at Atlantic Pools & Spas for four years and had earned $15 per hour.    She had also earned $24,000 per year at United Medical and had worked for four years for a chiropractic center, making between $11 and $16 per hour.

At trial, the wife testified that she had sent out several resumes, but on cross-examination, she was unable to name the employers to which she had sent the resumes.

The Court of Appeals also noted that some of the wife’s expenses actually related to the parties’ adult children, such as their groceries and cell phone bills.  Those children did not live in the home at the time of the divorce.  It also noted that refinancing the home which was awarded to the wife would result in a decrease in her monthly expenses.

Based upon this evidence, the Court of Appeals held that the decision not to award alimony was proper, and that the trial court had not abused its discretion.

The Court of Appeals also found that the trial court had not erred in failing to award the wife her attorney’s fees.

No. M2012-01796-COA-R3-CV (Tenn. Ct. App. June 28, 2013).

See original opinion for exact language.  Legal citations omitted.

To learn more, read Tennessee Alimony Law in Divorce | Answers to FAQs.  Also, for legal updates, news, analysis, and commentary, see our Tennessee Family Law Blog and its Alimony category.  A Memphis divorce lawyer from the Miles Mason Family Law Group can help.  To schedule your confidential consultation, call us today at (901) 683-1850.