Divorcing Tennessee Spouses Must Pay Their Own Debts

Tennessee law case summary on property and debt division in divorce.

Christopher Maurice Kibbe v. Mary Carolyn Kibbe – Tennessee marital debt

The husband and wife in this Tennessee divorce case were married in 1998 and had two children, one of whom had special needs.  The husband worked as a commercial pilot, and the wife stayed home and cared for the children.

In 2012, the husband sought a divorce based upon inappropriate marital conduct and irreconcilable differences.  The wife filed a counter complaint based upon inappropriate marital conduct and adultery.

While the case was pending, the husband was diagnosed with an adjustment disorder with mixed anxious and depressed mood.  As a result, he was placed on disability.

According to the husband’s psychologist, the condition was a result of the divorce, medical issues, and other factors.  He believed that the husband would recover in about six months.

In his affidavit of income and expenses, he listed income of $12,750 per month and expenses of almost $14,000.  He also testified that his income had decreased after preparing the affidavit.

The wife testified that in 2012, the husband had stopped making payments on her credit cards, which forced her into bankruptcy.  She testified that he deposited most of his check into his own personal account, with only a small amount transferred to their joint account.

The wife indicated that she had an income of $100 per month and expenses of over $7,200.  She had a Florida teaching license, and had also worked in medical billing.

The trial court granted the wife the divorce and named her as the primary residential parent.  It awarded the husband equal co-parenting time with the son, and 124 days of co-parenting time with the daughter.  It divided the marital assets and awarded the wife alimony of $2,500 per month and child support of $1,742 per month.  It also held that each party would be responsible for the debts in that party’s name.

The case was appealed to the Tennessee Court of Appeals.  One of the issues was the division of the marital debt.  In particular, the husband argued that some of the debt had been used to upgrade the marital residence, and should have been considered joint debt for that reason.  But the trial court had found that his testimony had not been credible.  The Court of Appeals reviewed the evidence and agreed that it supported the lower court’s finding.  For that reason, it affirmed.

The Court of Appeals also examined the parenting schedule and alimony award, and also agreed that those portions of the lower court’s order should be affirmed.

No. E2014-00970-COA-R3-CV (Tenn. Ct. App. Apr. 28, 2015).

See original opinion for exact language.  Legal citations omitted.

To learn more, see Property Division in Tennessee Divorce.