LEAVE A REPLY

Please enter your comment!
Please enter your name here

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 virtually 20 years on the time of their divorce.  They’d settled most points, however have been unable to agree on alimony.

The events lived in California once they bought 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 fashioned 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 delivery of their first youngster, the mom stopped working exterior the house.  The worth of the overall marital property was about $4.4 million.

The trial courtroom granted the spouse alimony in futuro of $17,500 monthly.  This was primarily based on various elements, together with the husband’s common gross earnings of about $136,000 monthly.  The courtroom 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 the case of spousal help.

The husband argued that alimony in futuro was inappropriate, for the reason that spouse had the capability for self-sufficiency.  However the decrease courtroom had discovered that the spouse couldn’t be fairly rehabilitated, and wouldn’t have the ability 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 lifestyle after the divorce.  He identified that his hottest shopper was not even touring, which means that there could be little earnings.

However the trial courtroom rejected this argument, pointing to an accumulation of belongings.  After reviewing the proof, the appeals courtroom 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 incapability to pay.  However the appeals courtroom reviewed the proof, notably the tax penalties, and concluded that the decrease courtroom acted correctly in setting the quantity.

Lastly, the husband argued that the statutory elements didn’t help an award for an indefinite time period.  However after reviewing the proof, the courtroom agreed with the decrease courtroom that the correct statutory elements had been adopted.

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

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

See unique opinion for precise language.  Authorized citations omitted.

To be taught extra, see Alimony Law in Tennessee.

- A word from our sposor -

Music Supervisor Should Pay $17.5K Per Month Alimony