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Posted by: Tanja Trezise on Dec 12, 2012

Court: TN Court of Appeals

Attorneys 1:

Charles S. Kelly, Jr., Dyersburg, Tennessee, for the Plaintiff/Appellant George Edwards

Attorneys 2:

Milly Worley, Dyersburg, Tennessee, for the Defendant/Appellee Alice Edwards

Judge(s): KIRBY

This is a divorce case in which the husband challenges the award of alimony. After the divorce trial, the trial court awarded the wife transitional alimony and alimony in futuro. It also awarded the wife a monetary amount per month for her share of the husband’s military pension benefits. The husband filed a motion to alter or amend arguing inter alia that the military would not make direct payments to the wife from his military benefits because the marriage did not overlap the husband’s active-duty military service for the requisite number of years. Based on the husband’s argument, the trial court modified the alimony award by deleting the requirement that the husband divide his military pension benefits with the wife, but increasing the husband’s in futuro alimony obligation by an equal amount. The husband now appeals. Discerning no error, we affirm.