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bposner · Dec 2, 2009, 07:58 AM

If a couple married 20 years is getting divored because of an affair by the husband, can she collect alimony from the husband? She has been retired for all of the marriage, and he just retired but is also working 4 or 5 days a week. She gets 800 dollars in benefits and he gets 1000 along with work wages. The 800 dollars is not enough for her to live on. Both are living in Tennessee. Any answers will be a great help

excon · Dec 2, 2009, 08:06 AM

Hello b:

Unfortunately, there isn't a book where we can look that stuff up. Every case is different, and every ruling is different.

Often times, the decisions aren't based on fairness either, but on who has the best lawyer. So, if there's a divorce going on, the wife SHOULD be represented by the best lawyer she can hire. HE would be the one to ask.

excon

bposner · Dec 2, 2009, 11:34 AM

Thank You for the help

JudyKayTee · Dec 2, 2009, 11:40 AM

All States are tricky when it comes to spousal support - TN included. In TN "spousal conduct" (his affair) IS a factor. I trust you can prove his affair in Court (?) Here's the law:

"In Tennessee the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the County Court will order support from one spouse to the other on a case-by-case basis as follows:

When determining the amount of support and whether or not it is to be a temporary or permanent order, the court will consider the following factors: (1) the value of any separate or marital property owned by the spouses; (2) whether the spouse seeking alimony is the custodian of a child whose circumstances make it appropriate for that spouse not to seek outside employment; (3) the need for sufficient education and training to enable the spouse to find appropriate employment; (4) the standard of living while married; (5) the length of the marriage; (6) the comparative financial resources of the spouses, including their comparative earning abilities in the labor market and any retirement, pension, or profit-sharing benefits; (7) the needs and obligations of each spouse; (8) the contributions each spouse made to the marriage and the acquisition of marital assets; (9) the relative education and training of the spouses and the opportunity of each party to secure education and training; (10) the age of the spouses; (11) the health condition of the spouse; (12) the tax ramifications of any award; (13) the usual occupation of the spouses during the marriage; (14) the job skills and employability of the spouse seeking alimony; (15) the marital conduct of the spouses during the marriage; and (16) any other factor the court deems just and equitable. (Tennessee Code - Volume 6A, Title 36, Sections 36-4-101)"

Divorce Support - Tennessee Spousal Support/Maintenance/Alimony Factors