15 Aug 2012

TN Wife of 20 Yrs Awarded Transitional Alimony $1,000 for 48 Months

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Alimony Tennessee law case summary following 20 years of marriage.  Tennessee divorce and family law from the Tennessee Court of Appeals.

Amaresh Misra v. Sucheta Misra – Tennessee Alimony Law – 20 Year Marriage

In the divorce of Amaresh Misra and Sucheta Misra, the wife appealed the decision of the lower court believing it erred in finding her partly at fault for the divorce. She also appealed the decision of the court to not provide her alimony in futuro. The parties married in February of 1984. They had two children, one of whom was an adult and the other a minor. After 20 years of marriage, the husband filed for divorce in October of 2003 noting irreconcilable differences. Two years later, the husband amended and supplemented the claim in the divorce in October of 2005. The husband stated the wife was guilty of inappropriate marital conduct. In December of 2005, the court provided a restraining of the wife from contacting the husband or his employees.

In January of 2006, the wife admitted to statistical information but denied the parties suffered irreconcilable differences and denied the claim of inappropriate marital conduct. In April of 2006, the court noted the wife’s gross income was $3,600 per month and the husband’s monthly income was $9,816.50. In June of 2006, the trial court officially divorced the parties, noting that both parties were at fault. It noted the plaintiff, Amaresh, was more credible than the Defendant, Sucheta.

In the final decree, the lower court awarded transitional alimony of $1,000 per month for 48 months due to the earning capacity disparity between the two. On appeal, the wife claimed the trial court erred by adding a handwritten notation that both parties were at fault and noted there is no evidence upon which to find that she was at fault. The appeals court could not find evidence indicating the wife was at fault. The appeals court found error in this action by the trial court.

The wife also believed the trial court erred in not providing alimony in futuro. She claims that the court divided the assets unfairly and based solely on the husband’s suggestions. The appeals court affirmed the court’s decision in this matter. It did so because she did not affirmatively seek alimony in futuro when she filed her complaint and she was awarded transitional alimony. Additionally, the wife had two masters’ degrees and was a person of intelligence and diverse skills, though her English was somewhat limited. It noted she could use the transitional alimony to rectify this concern.

No. M2006-01452-COA-R3-CV, July 20, 2007.

See original opinion for exact language. Legal citations omitted.

Memphis divorce lawyer, Miles Mason, Sr., JD, CPA practices family law exclusively and is founder of the Miles Mason Family Law Group, PLC, which handles Tennessee family law matters including divorce, child support, alimony, and alimony modification. The firm represents clients in Germantown, Collierville, and the surrounding west Tennessee area.

Miles Mason

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Memphis divorce and family lawyer, Miles Mason, Sr. is the founder of Miles Mason Family Law Group, PLC. For more information about our professional staff, see our Meet the Team page.

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