- 11 - 1999-474.) We begin, as do the parties, with the language of the order pendente lite. For Rogers, this order’s language supports his position that the Circuit Court recognized that his ex-wife was in a position of relative financial disadvantage. She had spent her entire adult life as a housewife reliant upon his income, and at age 52 was ten years too young to collect Social Security. He argues that the weekly payments could only have been justified under Tennessee law if the Circuit Court judge found them to be needed for support and maintenance of a financially struggling spouse. 1 Tenn. Jur. Divorce & Alimony � 35 (2003). He then asks us to infer that when this temporary obligation was continued in the final decree it reflected an implicit finding by the Circuit Court that his ex-wife would continue to be economically disadvantaged. He implies that we should reason from this that the Rogers intended the rehabilitative alimony in this case be classified as alimony in futuro--the sort of alimony that in 1992 Tennessee would stop at the death of the payee spouse. We disagree, and side with the Commissioner on this point. The better conclusion from the evidence at hand is that the alimony here wasn’t even intended to be rehabilitative. The Commissioner emphasizes language added in the Dissolution Agreement and Final Decree that refers to the weekly payments asPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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