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Patricia Ridgeway v. Jimmy Kimball

Citation: Not availableDocket: E2001-02577-COA-R3-CV

Court: Court of Appeals of Tennessee; August 22, 2002; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In this case, the Court of Appeals of Tennessee reviewed a divorce proceeding involving a dispute over alimony awards. The Chancellor originally granted a divorce on grounds of inappropriate marital conduct, awarded custody of the child, and divided the marital property equally. The primary issue on appeal was the $1,000 per month alimony in futuro awarded to the Wife, who holds a doctorate and operates a private practice but suffers from fibromyalgia, which impacts her ability to work full-time. The Husband, a pediatrician with a substantial income, contested the alimony, arguing for rehabilitative support instead. The appellate court upheld the Chancellor’s decision, finding it consistent with Tennessee Code Annotated 36-5-101(d)(1), which outlines considerations such as financial resources, health, and standard of living. The court emphasized the Wife's need for ongoing support due to her medical condition and the Husband's capacity to pay, alongside the relative fault stemming from the Husband's extramarital affair. The appellate court affirmed the alimony in futuro, remanding the case for further proceedings as necessary, and ordered the Husband to bear the costs of the appeal.

Legal Issues Addressed

Alimony in Futuro and Rehabilitative Alimony under Tennessee Law

Application: The court upheld the Chancellor's discretion to award alimony in futuro instead of rehabilitative alimony, considering the Wife's economic disadvantage, medical condition, and inability to achieve rehabilitation.

Reasoning: The Chancellor assessed Wife’s rehabilitation potential and determined it to be unfeasible due to her current medical condition and age, as she is nearly fifty-six and suffers from fibromyalgia, limiting her ability to work full-time.

Consideration of Relative Fault in Alimony Decisions

Application: The court took into account the Husband's long-term extramarital affair, which contributed to the marriage's dissolution, when determining the fairness of the alimony award.

Reasoning: The Chancellor considered the relative fault of both parties, finding that Husband's long-term extramarital affair contributed to the marriage's dissolution.

Court's Role in Reviewing Alimony Awards

Application: The appellate court affirmed the trial court’s judgment, emphasizing that it would only alter alimony awards if they lacked evidential support or contravened applicable statutes.

Reasoning: The court emphasized that it would only alter alimony awards if they lacked evidential support or contravened applicable statutes.

Factors for Determining Alimony under T.C.A. 36-5-101(d)(1)

Application: The Chancellor's decision considered statutory factors such as financial resources, education, health, and the standard of living, which justified the award of alimony in futuro.

Reasoning: The factors for determining alimony, as outlined in T.C.A. 36-5-101(d)(1), were duly considered by the Chancellor.