Veterinarians’ Alimony Reduced after Retirement
Tennessee alimony divorce case summary after 35 years married.
Veterinarian gets only minor reduction in alimony after retirement.
Robert Eugene Callaway v. Linda Marie Callaway
The husband and wife in this McMinn County, Tennessee, case had been married for thirty-five years and were divorced in 2009. The wife was awarded alimony in futuro in the amount of $1750, which was to cease upon the husband’s death, or the wife’s death or remarriage.
In 2022, the husband went back to court to request an end or modification of his alimony obligation. He claimed that the wife’s circumstances had changed significantly because she was living with her ex-husband. In addition, the husband had retired from his veterinary practice in 2021 and was in his seventies.
The wife denied the allegations of cohabitation. She also argued her need for alimony was actually increasing due to a multitude of medical issues. He testified he visited her regularly and stayed with about 100-110 of those days each year. His primary residence was Indiana, where he lived on the premises of a family business he worked for. The husband then appealed to the Tennessee Court of Appeals. The husband appealed the decision to the Tennessee Court of Appeals. He claimed that the documentary evidence presented at trial was misinterpreted. He pointed out, in particular, that one of the tax return reviewed by the court was from a period when he was still married but before his wife died. The husband also claimed that his self employment income was improperly taken into account. The appeals court found that the trial court properly considered income and expenses. After reviewing all the evidence, however, the Court of Appeals ruled the trial judge had acted correctly.
