Law Homework Help

The University Of Tennessee Divorce and Alimony Questions

 

1.   What is the purpose of alimony?

2   What presumption arises if someone is receiving long-term alimony and their 20 year old
       son  moves into their home?
3 What type of alimony is not preferred by the Tennessee supreme court?
4 List all of the factors used in determining alimony
5 Of all alimony factors, which is said to be the least important by the Tennessee Supreme
Court?
6 Of all alimony factors, which are the two most important according to the Tennessee
Supreme Court?
7 When is alimony available to a couple that live together for 20 years but never marry?
8 Can alimony be awarded after filing for divorce but before trial?
9 Does the court use a chart or computer program to determine the amount and length of
alimony?
10 Is alimony awarded whenever one spouse earns 50% more than the other spouse on a
yearly basis?
11 A division of property is always subject to modification        T.       F.
12 All forms of alimony are never subject to modification.              T.      F.
13 Explain what condonation is
14 Explain what effect condonation has on a spouse guilty of habitual drunkeness
15 What is a stipulation?
16 Why is it better to stipulate adultery when your client is guilty of adultery
17 Fault is considered in the division of marital property but not in Alimony.     T.     F.
18 Assume a couple are getting a divorce after 15 years of marriage. There are no children of
the marriage. Wife makes 100,000 a year. Husband makes 50,000 a year. Husband just
discovered that wife has several lovers and it will be easy to prove such.  Husband drinks six
beers every night but is otherwise dependable and sober.
Husband had a house prior to marriage that he paid $50,000.00 from his savings to
purchase five years before the marriage. At the time of the marriage, the house had
decreased in worth to $45,000.00 because he could not find time to maintain the house.  
Since marriage, husband and wife have both maintained and worked on the property and
made improvements such that it is now worth $150,000.00.
   The couple lives in a home they purchased after marriage for $200,000 but is now worth          
$300,000.00 and they owe $100,000.00 on the mortgage.
Husband had an IRA worth $100,000.00 at the time of marriage. He has made
contributions since marriage out of his paycheck and it is now worth $250,000.00.The
$150,000.00 growth represents $25,000.00 growth off the investment made by husband
prior to the marriage.
Wife had an IRA worth $100,000.00 at the time of marriage and has not made
contributions since marriage. The account has grown off the initial investment prior to
marriage and is now worth $125,000.00.  
They have no debts from the marriage other than the mortgage discussed above.
Husband had a $125,000.00 dollars student loan debt prior to marriage for which he still
owes $100,000.00.
The Judge has announced he is going to liquidate or sell all marital property
BASED ON THE ABOVE:
19 If the judge finds that the wife substantially contributed to the appreciation of the house
that the husband owned prior to marriage, will she be entitled to any money  from that
house? If so, how much?
20 How much will husband be entitled to from wife’s IRA?
21 Give your best argument for alimony to be awarded to husband
22. It is likely that wife will be awarded alimony                                       T.             F
23 What is the only sure way to avoid the possibility of having alimony awarded in a divorce?
24 How much will each be awarded from the marital home they lived in?