Paul H. & Judy E. Rogers - Page 6

                                        - 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 made            






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011