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Terry Hardin v. Teresa Hardin

Citation: Not availableDocket: M2001-01845-COA-R3-CV

Court: Court of Appeals of Tennessee; September 12, 2002; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In the case involving the divorce proceedings between the parties, the Trial Court classified the husband's monthly benefits from the Ford Retirement Plan as marital property, awarding the wife a 50% interest in those benefits. The husband contended that these payments were disability benefits, a claim which was central to his appeal. However, the Court of Appeals affirmed the Trial Court's decision, based on a de novo review that upheld the factual findings and characterization of the payments as retirement benefits rather than disability payments. These findings relied heavily on the husband's testimony and documentation from Ford, which consistently labeled the payments as retirement-related. Under Tennessee law, retirement benefits are considered marital property subject to equitable division, thus justifying the Trial Court's allocation. Additionally, the court noted that a Qualified Domestic Relations Order (QDRO) would be necessary for the wife to access her share of the pension benefits. The appellate decision maintained the classification and division of the benefits, assigning costs to the husband.

Legal Issues Addressed

Characterization of Retirement Benefits as Marital Property

Application: The court determined that the monthly payments received by the husband from the Ford Retirement Plan were correctly classified as marital property subject to division.

Reasoning: The Court of Appeals affirmed the Trial Court's ruling, stating that the characterization of the monthly payment as a marital asset was correct.

Equitable Division of Marital Property under Tennessee Law

Application: The court ruled that the husband's retirement benefits from the Ford-UAW Retirement Plan were subject to equitable division, awarding the wife a 50% interest.

Reasoning: Thus, the Court concluded that the payments constituted marital property subject to equitable division under Tennessee law.

Presumption of Correctness in Trial Court's Factual Findings

Application: The appellate court conducted a de novo review with a presumption of correctness regarding the Trial Court's factual findings based on the evidence presented.

Reasoning: The Court’s review was de novo, with a presumption of correctness regarding the Trial Court's factual findings, which were primarily based on the husband’s testimony and documentation from Ford.

Requirement for Qualified Domestic Relations Order (QDRO)

Application: The court noted that a QDRO would be necessary for an alternate payee to access the pension benefits awarded to the wife.

Reasoning: If an alternate payee requires access to this pension benefit, a Qualified Domestic Relations Order (QDRO) is necessary.