LINDA ALEXANDER OWENS v. JAMES EMERY OWENS - Articles

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Posted by: Tanja Trezise on Jul 31, 2013

Court: TN Court of Appeals

Attorneys 1:

Sarah Richter Perky, Nashville, Tennessee, for the appellant, Linda Alexander Owens.

Attorneys 2:

Roger Alan Maness, Clarksville, Tennessee, for the appellee, James Emery Owens.

Judge(s): COTTRELL

Wife was awarded rehabilitative alimony in 2004 that was to terminate in 2012. In 2009 Wife filed a petition to increase the duration and amount of her alimony, or, in the alternative, for an award of alimony in futuro. The trial court found Wife was in need of support, but it denied Wife’s petition, finding Wife had not used all reasonable efforts to rehabilitate herself. On appeal we find Wife’s inability to be rehabilitated as that term has been defined by the legislature warrants a modification of Wife’s alimony award. We reverse the trial court’s judgment denying Wife’s petition for alimony and conclude Wife is entitled to alimony in futuro but in a lesser amount. We affirm the trial court’s judgment denying Wife’s request for attorney’s fees.

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