TN Wife Gets Half of Pension + Property But No Alimony After 38 Years
Tennessee law case summary on alimony and property division after 38 years of marriage in divorce and family law from the Court of Appeals.
Elizabeth Kay Tomes v. Michael Joe Tomes – Tennessee divorce alimony 38 years.
Elizabeth and Michael Tomes were married in 1972 and had two adult sons. The husband worked for the TVA for 30 years prior to his 2004 retirement and received a monthly pension of almost $4,500. He also worked as a consultant and construction manager until being laid off in 2011. The wife worked as an accountant until their youngest son was born. She was later hospitalized for post-partum depression and received disability benefits of $951 per month.
In 2011, the wife filed for divorce, in Montgomery County, Tennessee, alleging inappropriate marital conduct and irreconcilable differences. In 2012, the court granted her a divorce on the ground of inappropriate marital conduct. The marital property was valued at over $712,000, and the trial court divided this equally. In lieu of alimony, the court awarded the wife half of the husband’s retirement pension. The wife appealed the denial of alimony to the Tennessee Court of Appeals.
The Court of Appeals began its analysis by examining the factors employed in making alimony decisions. It noted that this had been a 38 year marriage, and the wife was 59 years old. The wife had a college degree but had not worked outside of the home for years because of her disability. She did, however, earn some income from selling Mary Kay products and doing taxes for friends. It also noted that she received more of the property division than did the husband in addition to half of his pension.
The wife argued that the husband was voluntarily underemployed, but the court found little evidence to support this claim.
Upon examining all of the evidence, the Court of Appeals found no reason to say that the trial court had abused its discretion. Therefore, it affirmed the trial court’s ruling. It also assessed the costs of the appeal against the wife.
No. M2012-02441-COA-R3-CV (Tenn. Ct. App. Nov. 22, 2013).
See original opinion for exact language. Legal citations omitted.
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