Tennessee alimony divorce case abstract after 19 years married.

Richard Egan v. Rachael Marie Bailey Egan

The husband and spouse on this Williamson County, Tennessee, case had been married nearly 20 years on the time of their divorce.  They’d settled most points, however had been unable to agree on alimony.

The events lived in California after they obtained married.  The husband labored as a “day-to-day supervisor” for musical acts, and the spouse labored in a high-end ladies’s retailer.  A number of 12 months later, the husband shaped his personal administration firm and moved to Nashville.  His earnings between 2011 and 2015 ranged from a low of $424,000 to a excessive of $3.6 million.  After the beginning of their first youngster, the mom stopped working exterior the house.  The worth of the whole marital property was about $4.4 million.

The trial court docket granted the spouse alimony in futuro of $17,500 per 30 days.  This was primarily based on quite a few components, together with the husband’s common gross earnings of about $136,000 per 30 days.  The court docket rejected the husband’s declare that the couple was truly heading towards chapter.  After post-trial motions, the husband appealed to the Tennessee Court docket of Appeals, which famous that trial courts have broad discretion in relation to spousal assist.

The husband argued that alimony in futuro was inappropriate, for the reason that spouse had the capability for self-sufficiency.  However the decrease court docket had discovered that the spouse couldn’t be moderately rehabilitated, and wouldn’t be capable to attain wherever close to the husband’s incomes capability.  She hadn’t labored exterior the house for 18 years, and had solely a highschool diploma.

The husband argued, nevertheless, that the usual of residing was “an phantasm, fueled by crippling debt,” and that he anticipated a a lot decrease way of life after the divorce.  He identified that his hottest shopper was not even touring, that means that there could be little earnings.

However the trial court docket rejected this argument, pointing to an accumulation of belongings.  After reviewing the proof, the appeals court docket agreed that the proof supported these findings.

The husband additionally argued that the quantity was inappropriate, for the reason that spouse didn’t have a necessity for $17,500 and he had an incapacity to pay.  However the appeals court docket reviewed the proof, significantly the tax penalties, and concluded that the decrease court docket acted correctly in setting the quantity.

Lastly, the husband argued that the statutory components didn’t assist an award for an indefinite time frame.  However after reviewing the proof, the court docket agreed with the decrease court docket that the correct statutory components had been adopted.

For these causes, the Court docket of Appeals affirmed the judgment of the decrease court docket.

No. M2019-00676-COA-R3-CV (Tenn. Ct. App. Might 28,  2020).

See authentic opinion for actual language.  Authorized citations omitted.

To study extra, see Alimony Law in Tennessee.


Please enter your comment!
Please enter your name here