When are lifetime alimony awards appropriate?

Alimony, or spousal maintenance as it is called in Wisconsin, is one of those concepts of family law that has been around for quite some time. In law in general, and in family law specifically, some of the oldest concepts are the slowest to change. With that in mind, we would like to tell you about a recent alimony case that has made all the way to the Supreme Court of Tennessee.

The Supreme Court of Tennessee is now considering making changes to the state’s alimony award by putting an end to lifetime payments. Some attorneys are supportive of the change stating that lifetime alimony payments discourage individuals to remain married. The case that has reached the Supreme Court involves a couple that had been married for more than 20 years.

The wife was an information technology employee who made more than $70,000 per year. The husband was a controller at a large company, making nearly $140,000 per year. Their two children were grown so there were no child custody issues. The divorce began in 2007 and was appealed after a trial. On appeal, the state Court of Appeals ordered the man to pay his ex-wife a monthly alimony of $1,250.

The ex-wife claimed that, early in their marriage, she had helped put her husband through college and that he would not be earning such a high yearly salary without her previous support. She also claimed that her ex-husband had initiated the breakup, entitling her to alimony.

The husband denies that he caused the divorce and does not agree with the court’s ruling. He has said that he should not have to pay alimony since his ex-wife is educated and employed and will have no difficulty maintaining her previous lifestyle.

This type of alimony has become less common over the past few decades and this couple’s situation particularly seems to be an unlikely candidate for lifetime alimony. Lifetime alimony awards are generally reserved for an older individual who had been married for an extended period of time and had sacrificed a career for the marriage. Nevertheless, trial judges still have discretion in the amount of alimony, if any, they order. Oral argument in the case is scheduled for later this spring.

Source: The Tennessean, “TN Supreme Court considers change in alimony payments,” 3/10/2011