- 6 - It is unsurprising, then, that the parties in this case fight their battle as one of classification--the Commissioner argues that the disputed payments are alimony in solido, see Towner v. Towner, 858 S.W.2d 888, 891 (Tenn. 1993), that the obligation to pay alimony in solido does not end with the death of the payee spouse under Tennessee law, and that the payments are thus just part of the nondeductible property settlement between the Rogers. Rogers insists that the payments are rehabilitative alimony, and so would end at his former wife’s death by the express command of Tennessee law that “rehabilitative support and maintenance shall terminate upon the death of the recipient.” Tenn. Code Ann. sec. 36-5-101(d)(2). We disagree at the outset with Rogers on this point. The section he cites became part of Tennessee law in 1993, after the divorce proceedings between him and his former wife were complete. 1993 Tenn. Pub. Acts 243. Under Tennessee law, substantive changes in divorce law will not affect divorces that occur before the enactment of the law. Waddey v. Waddey, 6 S.W.3d 230, 232 n.1. (Tenn. 1999); Bryan v. Leach, 85 S.W.3d 136, 143 (Tenn. Ct. App. 2001). So we must refine our analysis to try to determine what a Tennessee court would do under the law in effect in 1992. Under the law as it stood before the 1993 amendment, however, it was less than clear whether the legislature had madePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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