Tennessee alimony divorce case abstract after 31 years married.

Sima Khayatt Kholghi v. Reza Aliabadi

The husband and spouse on this Davidson County, Tennessee, case each grew up in Iran.  The husband got here to the Usa in 1978 on the age of 17.  He went into enterprise together with his father promoting rugs.  The spouse was 19 when she moved to the U.S. about 5 years later.  Her dad and mom owned a rug retailer in Denver the place she often labored.  They met in 1988 and had a non secular wedding ceremony in Nashville.  They have been legally married on the courthouse the next 12 months.

The husband and his father expanded their enterprise and constructed a producing plant in Smyrna, Tennessee, the place they manufactured non-slip rug pads.  The spouse was by no means paid a wage, however often labored for the enterprise.  After she gave delivery to a daughter, she stopped working on the retailer and remained a stay-at-home father or mother.  They’d one other baby, a son, in 1997.

The husband dealt with the entire couple’s monetary issues, and so they ultimately constructed a house valued at over $2 million.  The spouse ultimately suspected the husband of adultery, and filed for divorce in 2016.

The trial courtroom, Decide Phillip R. Robinson, heard a movement concerning non permanent assist, and directed the husband to offer the spouse a bank card with a restrict of $15,000, however with the spouse to cost not more than $7000 per 30 days besides in an emergency.

A 4 day trial was held in 2019, and plenty of points have been determined, filling a forty five web page order.  Among the many points determined was alimony.  The husband’s revenue was pegged at about $400,000 per 12 months.  The spouse had not been in search of a job, however the courtroom set her incomes capability at between $17,000 and $19,000 per 12 months.  The spouse had claimed many bills, however the decrease courtroom trimmed these down.  In the end, the decrease courtroom concluded that the spouse was entitled to $8,308 per 30 days alimony in futuro.    It additionally awarded the spouse $40,000 in lawyer charges and nearly $30,000 in knowledgeable witness charges.

After some post-trial motions, the husband appealed to the Tennessee Courtroom of Appeals.  Amongst different issues, he argued that the alimony and property division didn’t correctly have in mind the events’ separate property.

After discussing different property points, the appeals courtroom turned to the problems affecting alimony calculation.

Particularly, the husband argued that the trial courtroom had didn’t have in mind the spouse’s curiosity in her mom’s residence in Iran.  The spouse had a one-third curiosity, and the husband’s lawyer said that there have been studies that the property might need been value $7 million.  The spouse’s opinion was that it was value about $850,000.  The husband famous that he despatched an appraiser to the house, however they refused to let the appraiser in.

The trial courtroom downplayed this asset, first as a result of there was no appraisal.  As well as, the trial courtroom famous that it might be inconceivable for the spouse to switch any belongings out of Iran, even when the property have been bought.

The trial courtroom had additionally primarily based its calculations upon the idea that the husband would inherit his dad and mom’ property upon their loss of life.  Whereas there was no will, there was testimony by the husband that tended to assist this assumption.

After contemplating the proof on these factors, the appeals courtroom concluded that the trial courtroom had not dedicated reversible error.  Due to this fact, it let these holdings stand.

The appeals courtroom then seemed on the quantity of alimony.  Right here, the husband had argued that the quantity was extreme because of the quantity of marital property that the spouse had acquired.  But it surely additionally famous that the spouse would wish to make use of a lot of those belongings to buy a residence.

The trial courtroom had discovered a fantastic disparity within the events’ incomes capacities, and the appellate courtroom agreed.  After extensively reviewing the proof, the Courtroom of Appeals affirmed the alimony calculation.

After addressing the lawyer’s payment award, the Courtroom of Appeals affirmed and remanded the case.

No. M2019-01793-COA-R3-CV (Tenn. Ct. App. Sep. 18,  2020).

See unique opinion for precise language.  Authorized citations omitted.

To study extra, see Alimony Law in Tennessee.


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