In Tennessee, there are four different types of alimony as provided at TCA 36-5-121:
- Rehabilitative Alimony is awarded to help a spouse who’s been out of the workforce or who doesn’t have the ability to earn an income enjoy a standard of living similar to the one that he or she had during marriage. The court typically orders rehabilitative alimony so that a spouse can go to school or get training in order to earn more money.
- Alimony in Futuro (also called Periodic Alimony) is an order for support that will be paid over a long period of time to a spouse who is unable to earn enough income to enjoy an appropriate standard of living. This type of alimony is more common where the marriage was long and the spouse has little chance of returning to the workforce at full capacity.
- Transitional Alimony is support paid for a definite period of time when rehabilitation is not necessary but one spouse needs some time to adjust to new financial circumstances after separation or divorce.
- Alimony in Solido (also called Lump Sum Alimony) is a form of long term support where the court calculates the total amount of support at the time of the order. Payments may be made in installments in a set amount over a certain period of time.
The facts of Ezekiel v. Ezekiel are Angela Rose Kee Ezekiel (Wife) filed a complaint for divorce on October 3, 2012 against David Ezekiel (Husband). At that time, the parties had been married approximately 24 years and the marriage had produced no children. Wife was 58 years old, in good health, and working full-time while Husband was 47 years old, in fair health, and also working full-time. The complaint alleged irreconcilable differences.
In addition to an equitable division of the marital property, Wife requested temporary and permanent alimony. Husband filed an answer and counter-claim admitting that irreconcilable differences existed and that the parties’ marital property should be equitably divided. Husband denied, however, that Wife was entitled to alimony, either temporary or permanent. In addition, Husband alleged that wife was guilty of inappropriate marital conduct. The parties participated in mediation on August 21, 2013, which mediation was unsuccessful.
Mediation failed and a trial was held and the Wife requested $700 per month in alimony in futuro. The trial court, however, awarded Wife $250 per month in alimony in futuro until she retired from her employment. Thereafter, Wife was to receive $100 per month, payable until Wife’s death or remarriage.
Husband appealed to The Court of Appeals of Tennessee at Jackson arguing that the trial court erred in awarding Wife alimony in futuro in the amount of $250.00 per month until she retired and $100.00 per month thereafter.
After reviewing the record, the Appellate Court concluded the following:
Based upon the undisputed facts in the record, Husband simply does not have the excess income to pay Wife support of this amount. In addition, Wife has independent funds with which to finance her retirement, including her pension with the penitentiary, her 401K, and the funds awarded to her from Husband’s 401K, as well as her social security benefits, as specifically found by the trial court. Given these funds, it is not clear that Wife will be in need of alimony even after her retirement; thus, despite the long duration of the parties’ marriage, the presumption in favor of rehabilitative or transitional alimony inherent in the Tennessee alimony statute militates in favor of short-term support. Consequently, the trial court’s own findings regarding Wife’s expenses, the purpose of the alimony award to Wife, and Husband’s excess income, do not support the alimony award in this case.
Based upon the foregoing, we have determined that Wife has a significant need for spousal support and Husband has some ability to pay. Accordingly, we conclude that Wife is entitled to an award of $43.00 per month in transitional alimony, to be paid until her retirement.
Therefore, the trial court’s ruling as it related to alimony was reversed with the amount of the award being lowered from $250 to $43 per month. Additionally, the type of alimony was changed from alimony in futuro to transitional alimony that is to end when Wife retires.
If you are considering divorce and concerned about unfairly having to pay alimony when your spouse has approximately the same income and retirement savings as you, you should seek the services of an experienced family law attorney. Contact attorney Donna Wagner for a consultation.
Real-life results
See what happy clients are saying about me.
“I spoke with several attorneys and from the moment I spoke with Donna I knew she was the person I wanted to hire for a child custody case.
From the very first interaction she was enthusiastic, friendly, and honest. She asked a lot of questions to get to know the case well. I was so impressed with how thorough and thoughtful she was throughout the entire process, explaining every step along the way.
Donna was great at staying in contact and kept me updated as everything progressed. She was affordable and very fair in her billing. If ever another situation is to arise in which I’m requiring legal assistance and representation she will be the first I call.
Due to Donna’s persistence I was able to come out ahead with more than I had ever hoped for when I first brought her my case. She helped me to see and understand things about my situation that would have never occurred to me on my own.
This woman has so much integrity! I’m so grateful for all of her help during a nerve wracking time. She was incredibly personable. I highly recommend Donna Wagner for your legal needs.
Best decision I ever made in the midst of a divorce, from someone who asked for the divorce, was to hire Donna Wagner. I was facing an attorney who was representing my spouse, thinking all I had to do was sign the papers. No, they were attempting to get money out of me. Keep in mind we didn’t have any kids. Anyhow, Donna came in and shut it all down. I was due in court in a week and she got that continued. After going back and forth with the opposing attorney, Donna was able to not only get them to settle the case without going to court but have everything ruled in my favor. I am finally divorced and can breathe easy. Thank you Donna Wagner!
Donna provided such expertise during my case with her. She was always responsive, knowledgeable and professional, while also being compassionate to my situation. I cannot recommend her enough!
I know for certain that If I am needing an attorney again in the future, I will be using Donna Wagner. There are so many great things to say about Donna. However, I believe what I appreciated most was how Donna handles special situations, and I assure you, my circumstances were just that! Donna was very thorough during my entire case. She was able to address my unique case but also do so with legal basis even though the courts may not always allow for such situations. Donna was very thorough each step of the way and was certain to not leave any stone un-turned. One thing I really liked about Donna was her fire. When situations arose, she can be more than passionate about her job and serving justice to those who deserve it. I also want Donna’s clients to know that she was very timely with me in her communications with me. Whether by email or phone, she was always just a call or a message away. When being in a legal situation, I know from previous experience, being able to reach your attorney means everything. I am more than pleased with the results that I recieved from Donna Wagner, and I assure you my case turned out better than I had imagined and even for a fair price. Donna Wagner rocks!
I know for certain that If I am needing an attorney again in the future, I will be using Donna Wagner. There are so many great things to say about Donna. However, I believe what I appreciated most was how Donna handles special situations, and I assure you, my circumstances were just that! Donna was very thorough during my entire case. She was able to address my unique case but also do so with legal basis even though the courts may not always allow for such situations. Donna was very thorough each step of the way and was certain to not leave any stone un-turned. One thing I really liked about Donna was her fire. When situations arose, she can be more than passionate about her job and serving justice to those who deserve it. I also want Donna’s clients to know that she was very timely with me in her communications with me. Whether by email or phone, she was always just a call or a message away. When being in a legal situation, I know from previous experience, being able to reach your attorney means everything. I am more than pleased with the results that I recieved from Donna Wagner, and I assure you my case turned out better than I had imagined and even for a fair price. Donna Wagner rocks!
I obtained Mrs. Donna Wagner’s services in 2012 to help with my charge of driving under the influence. I first called several other attorneys, but none of them were willing to listen to my case. Mrs. Wagner not only took the time to listen but went out of her way to be sensitive to my issues, respond quickly to my questions, and help me understand this unfamiliar process. It was clear to me from the beginning that she knew the system well and was very thorough in her exploration into my case. With her experience and knowledge of the Mt. Juiliet court system, combined with her adept use of the evidence at hand, she was able to get my charges significantly reduced. I could not be more happy with my choice of attorney. I am certain that I would not have had such a successful outcome without her guidance and skill.
