The team at Dodson Parker Behm & Capparella, PC shares updates and thoughts on developments in the law.

Another Alimony Correction Court of Appeals Win for Donald Capparella

When divorce ends a long-term marriage, a court usually has to make a decision about an award of alimony.  In this case, the trial court properly found that the wife was entitled to alimony, but did not properly account for the wife’s own income-earning capacity. In its alimony analysis, the trial court determined that amount of income the wife needed to sustain a similar lifestyle was $9,700...

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How Taxable Income Can Impact A Spouse’s Ability To Pay Alimony

Alimony in futuro is more likely to be awarded after a lengthy marriage, when one spouse is more economically disadvantaged than the other, and it’s typically awarded for life or until the economically disadvantaged spouse gets remarried. Donald Capparella recently argued two separate cases addressing alimony in futuro at the Court of Appeals. In the case discussed here, a husband was wrongfully...

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Don’t Forget to Define Separate Property in Your Prenup

Many prenuptial agreements contemplate that one spouse will receive alimony, and it is difficult to imagine a prenup that does not establish an intention to delineate between separate and marital property.  However, a failure to define terms can result in confusion.  The recent Tennessee Court of Appeals case Seifert v. Seifert presented just such a situation. In Seifert, the parties’...

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