Paul H. & Judy E. Rogers - Page 7

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          rehabilitation a new goal of existing forms of alimony or made a            
          new form of alimony called “rehabilitative”.  Then, in the early            
          1990s, the Tennessee Supreme Court held in a pair of cases that             
          Tennessee still recognized only two forms of alimony--in solido             
          and in futuro.  In Isbell v. Isbell, 816 S.W.2d 735 (Tenn. 1991),           
          the Court created a default rule of construction for awards of              
          rehabilitative alimony like the one at issue in this case:                  
                    But where the rehabilitative award has been                       
                    made for a fixed amount, the award must be                        
                    considered non-modifiable, even if it is to                       
                    be paid in installments and not in a lump                         
                    sum.  The certainty that results from such a                      
                    rule benefits both parties, allowing each to                      
                    make long-range financial plans for their own                     
                    futures and for the future of any children                        
                    affected * * *.                                                   
          Id. at 739.4                                                                
               Shortly after Isbell, the Court decided Self v. Self, 861              
          S.W.2d 360 (Tenn. 1993).  Self also arose from an order to pay a            
          fixed sum for a fixed term, in this case $3,000 per month for 48            
          months.  The trial court that ordered these payments explicitly             
          stated that it meant then to allow Mrs. Self to become                      
          financially independent:                                                    
                    the wife is both capable of and entitled to                       

               4 The Court did emphasize that this was only a default rule            
          --carefully observing that a trial court could place conditions             
          on the award of rehabilitative alimony or ensure that the default           
          rule wouldn’t apply by not making the award for a sum certain.              
          Isbell, 816 S.W.2d at 739 n.1.  It also noted that the parties              
          themselves could impose conditions on rehabilitative alimony by             
          their own agreement.  Id. at 739.                                           





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