TN Wife of 8 Yrs w/ MS Seeks Legal Separation + Alimony

Tennessee alimony law case summary following 8 years of marriage. Tennessee legal separation, divorce, and family law from the Tennessee Court of Appeals.

Janet Charlene Hooberry v Ronald Scott Hooberry – Tennessee Alimony Law + Legal Separation Law

Janet Hooberry, Wife, filed a complaint for legal separation/divorce after 8 1/5 years of marriage. The Wife alleged that Ronald Hooberry, Husband, engaged in inappropriate marital conduct and they had irreconcilable differences. The Wife suffers from multiple sclerosis. She requested that the Husband maintain medical insurance for her on a permanent basis as well as receiving alimony and attorney’s fees.

The Husband filed a counter complaint denying the Wife’s allegations and admitted that the Wife suffers from the health condition and is unable to work. However, he believes the Wife should not receive alimony due to the short duration of the marriage. He stated that the Wife was guilty of inappropriate marital conduct and wanted a divorce. The Wife denied these claims.

Eleven months later, the parties attempted reconciliation and the trial court entered an Order of Reconciliation as a result. This was unsuccessful and in March of 2009, the Husband asked the court to recommence the divorce.

The case was heard in October of 2010. At the time, the Wife was 52 and the Husband was 48. The Wife stated she cannot work, obtain health insurance and does not qualify for social security disability insurance. She stated her monthly expenses were $2,498. She wanted legal separation rather than divorce in order to maintain medical coverage through the Husband’s employer. The Husband is seeking divorce because he does not believe they can improve the marriage.

The trial court declared the parties legally separated for two years during which time the Husband will pay the Wife $1,500 per month in alimony and will provide medical insurance coverage for the Wife.

The Wife filed a motion for a new trial, which was denied. The Wife then appealed the decision arguing that the trial court erred in failing to award her alimony in futuro in light of her condition.

The appeals court took issue with the ruling of the trial court in the legal separation of two years. It stated this was an important factor in the lower court’s ruling based on alimony and support following that period of time. In this case, neither the Husband nor the Wife appealed the decision of the lower court to provide the two-year separation and there is no challenge of the monthly order of support during this time.

After being divorced for two years, the parties may then seek absolute divorce. At that point, either the Husband or the Wife can seek divorce and the decision of awarding any support after that point is a decision made at that point. The appeals court ruled it is premature to address the type of support the Wife may be eligible for in two years. Therefore, it affirmed the trial court’s judgment requiring the Husband to pay the Wife $1,500 per month.

No. M2011-01482-COA-R3-CV, June 20, 2012.

See original opinion for exact language.  Legal citations omitted.

To learn more, read What Is Legal Separation?

To learn more about alimony, read Tennessee Alimony Law in Divorce | Answers to FAQs.  Also, see the MemphisDivorce.com Tennessee Family Law Blog and its Alimony category.

Memphis divorce lawyer, Miles Mason, Sr. practices family law exclusively and is the founder of the Miles Mason Family Law Group, PLC, which handles Tennessee family law matters including divorce, alimony, alimony modification, child support, and child support modification.  Download our free e-Book, Your First Steps: 7 Steps Planning Your Tennessee Divorce.  Contact an attorney today at (901) 683-1850.