As written about in previous blog posts, transitional alimony is support paid by a former spouse to the other spouse for a specified amount of time when one spouse needs some time to adjust to new financial realities and circumstances after divorce. Alimony in futuro is usually permanent unless circumstances changes.
The facts of Lunn v. Lunn are Andrew R. Lunn, DDS (Husband) and Michelle Lunn (Wife) married on June 17, 1995, and separated on February 13, 2011. They are the parents of three children, who were ages fifteen, thirteen, and eleven at the time of trial. Husband is a dentist who operates a practice in Chattanooga as a sole proprietor. Wife was a registered nurse who did not maintain her nursing certification but worked primarily as a homemaker since the birth of the parties’ first child in 1996. Wife had been employed on a part-time basis as office manager for Husband’s dental practice.
In 2009, Husband became involved in an extra-marital relationship with his dental assistant. Wife discovered the relationship on October 2010. Following months of marital counseling, the parties separated in February 2011, with Husband renting an apartment and Wife and the children remaining in the marital residence. As Husband maintained payment of the marital responsibilities pending the parties’ divorce, he provided Wife a weekly allowance of $600 for food and gas expenses.
After a hearing, the Chattanooga trial court determined applicable statutory factors weighed in favor of an award of alimony to Wife. Finding that Wife needed time to reestablish her career, the trial court awarded her rehabilitative alimony of $3600 per month for three years. Also finding that Wife would not be able to earn an income comparable to that of Husband, the trial court awarded her transitional alimony in progressively decreasing amounts for 16 years, the approximate duration of the parties’ marriage. Wife was awarded $6451 per month for three months, $2288 per month for eight years, and $500 per month for eight years after that. Lastly, the trial court also awarded Wife alimony in solido (lump sum) of $207,000 to pay her attorney’s fees.
Husband appealed to the Court of Appeals of Tennessee At Knoxville arguing the award of transitional alimony was in error because transitional (or short term) alimony should not have been awarded for a period of 16 years.
After hearing oral arguments and reviewing the record, the Appellate Court concluded the following:
Wife’s ability to achieve partial rehabilitation is not disputed, thus the award of rehabilitative alimony is proper. We conclude, however, that it is appropriate to modify the transitional alimony award to an award of alimony in futuro. As previously explained, transitional alimony should be awarded where rehabilitation is not necessary. If, as here, the disadvantaged spouse can be only partially rehabilitated, an award of alimony in futuro may be granted in addition to rehabilitative alimony. Having determined that the trial court correctly found that Wife would experience an ongoing need for alimony beyond the period of rehabilitation, we conclude alimony in futuro would be the more appropriate form of this award. We therefore modify the trial court’s judgment accordingly. We conclude that $2,288 per month is an appropriate amount based on the purpose of rendering the standard of living reasonably comparable between the two households.
Therefore, The Court of Appeals modified the trial court’s award of transitional alimony to alimony in futuro of $2288.
If you aren’t the primary income earner, considering divorce, but concerned whether or not you will be able to realize the same quality of life from a financial standpoint as you did during your marriage, 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.
