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