Court Divided over Rehabilitative or Periodic Alimony in Sevierville, Tennessee Divorce: Santee v. Santee
What is the purpose/goal of alimony? Tennessee courts can’t agree on the answer.
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Rehabilitative Alimony and Duration of Marriage Examined in Springfield, TN Divorce: Henson v. Henson
Facts: Husband and Wife were married for nine years before Wife discovered Husband’s affair and filed for divorce. They have no children. During the marriage, they moved frequently to accommodate Husband’s military career. Husband retired from the military and worked as a helicopter instructor pilot for a contractor in Dubai. Including his military retirement and […]
Read MoreLife Insurance to Secure Payment of Alimony Is Modified in Chattanooga, TN Divorce: Stratienko v. Stratienko
Facts: Husband and Wife divorced after 24 years of marriage. Wife served as a stay-at-home mother while Husband worked in his medical practice. The trial court equally divided the marital property, with each party receiving assets totaling $3.4 million. After finding that Wife had suffered economic detriment for the benefit of the marriage, the trial […]
Read MoreAutomatic Alimony Modification Reversed in Murfreesboro, TN Divorce: Longstreth v. Longstreth
Facts: Husband and Wife divorced after 27 years of marriage. Wife is disabled and her earning capacity is far less than Husband’s. The trial court awarded alimony in futuro to Wife in the amount of $2000 per month. The trial court provided for the automatic modification of alimony as follows: If Husband’s earnings go below […]
Read MoreBreadwinning Women Are Driving Alimony Reform
This article by Beth Pinsker in Time Magazine is interesting. Breadwinning Women Are Driving Alimony Reform 3% of all alimony recipients are men. When alimony reform comes to Florida, it may be too late for Tarie MacMillan, a 65-year-old who runs a jewelry business near Tampa. MacMillan was ordered to pay her ex-husband $7,000 a […]
Read MoreFailure to Increase Alimony Reversed in Maryville, TN Post-Divorce Dispute: Hiatt v. Hiatt
Facts: Husband and Wife divorced in 2007 after 20 years of marriage. At the time of the divorce, Wife earned no income and Husband earned almost $9000 per month. They agreed Husband would pay Wife at least $1500 per month in alimony. Their marital dissolution agreement also contained a provision for adjusting Wife’s alimony 2.5% […]
Read MoreRelief Beyond Scope of Pleadings in Murfreesboro, TN Alimony Modification Matter: Long v. Long
Facts: Husband and Wife divorced in 2011. Wife was awarded as her separate property 30% of Husband’s military retired pay. Husband was also ordered to pay alimony to Wife in the amount of $1422 per month. In 2013, Husband filed a motion to modify his alimony obligation. The motion sought a change in the amount […]
Read MorePermanent Alimony Reversed in Ripley, TN Divorce: Ezekiel v. Ezekiel
Facts: Husband and Wife divorced after 24 years of marriage. Wife was 58 years old, in good health, and working full-time. Husband was 47 years old, in fair health, and working full-time. Wife requested $700 per month in alimony in futuro. The trial court awarded wife $250 per month in alimony in futuro until she […]
Read MoreTransitional Alimony Modified to Permanent Alimony in Chattanooga Divorce: Lunn v. Lunn
Facts: Husband and Wife divorced after 17 years of marriage. They have three children. Husband is a dentist. Wife is a registered nurse but worked primarily as a homemaker since the birth of the parties’ first child at the beginning of their marriage. Wife did not maintain her nursing certification after the joint decision that […]
Read MoreNo Cohabitation Means No Alimony Reduction in Murfreesboro, TN: Wiser v. Wiser
Facts: Husband and Wife divorced after 23 years of marriage. Husband was ordered to pay alimony in futuro of $10,000 per month. Several years later, Husband petitioned to reduce or terminate his alimony obligation on the grounds of Wife’s cohabitation with her boyfriend. The trial court found Wife was not cohabitating with anyone. Husband appealed. […]
Read MoreAlimony Terminated after Retirement in Chattanooga Divorce: Odom v. Odom
Facts: Husband and Wife divorced after 37 years of marriage. The marital estate was equally divided and Wife was awarded alimony in futuro of $10,000 per month. Five years later, Husband filed a petition to terminate alimony because of his pending retirement from the practice of orthopedic surgery. By the time of trial, Husband was […]
Read MoreAlimony Modification After Retirement Reversed in Memphis: Malkin v. Malkin
Facts: Husband and Wife divorced in 1998. Wife was awarded alimony in futuro of $3500 per month until her death or remarriage. Five years later, the trial court reduced Husband’s monthly alimony obligation to $2870 because of a decline in Husband’s income. Years later, Husband petitioned to modify his alimony obligation on the grounds that […]
Read MoreTransitional Alimony Changed to Permanent Alimony in Roane Co., TN Divorce: Berkshire v. Berkshire
Facts: Wife, 60, and Husband, 40, divorced after 14 years of marriage. At the time of their marriage, Wife had health problems, including a diagnosis of multiple sclerosis, that made it impossible for her to work outside the home. The trial court awarded Wife the marital residence, valued at $130,000, and held her responsible for […]
Read MorePermanent Alimony Reversed in Roane Co., TN Divorce: Calloway v. Calloway
Facts: Husband and Wife divorced after 38 years of marriage. Wife was 58 years old at the time of trial and earned approximately $60,000 as a schoolteacher. Husband was 59 years old and earned approximately $134,000 as a welding inspector. Wife was granted a divorce on the grounds of Husband’s adultery. Wife was awarded the […]
Read MorePermanent Alimony Reversed in Williamson Co., TN Divorce: Willenberg v. Willenberg
Facts: The parties divorced after 23 years of marriage. Husband earned between $100,000 and $120,000 per year, depending on bonuses. Wife earned $39,000 per year but had the capability to earn up to $50,000 with additional education. The trial court found Wife could not be rehabilitated and awarded her alimony in futuro of $2000 per […]
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