• 17
  • March
    2011

A recent asset protection/spousal support case out of Tennessee is generating significant buzz in legal circles as it may stand to change the face of family law in the Volunteer State.

Specifically, the issue currently before the Tennessee Supreme Court in Gonsewski v. Gonsewski has to do with the payment of permanent spousal support.

According to the facts of the case, Johanna Gonsewski and Craig Gonsewski officially filed for divorce in 2009 after 21 years of marriage. At the time of the divorce, Johanna G., 43, was employed full-time as an IT consultant for the state of Tennessee making $72,000 a year - a job she had held for more than 16 years - while Craig G. was employed as a controller for a large business making $137,000 a year.

As part of the final divorce settlement, the circuit court judge ruled that Johanna G. was not entitled to any type of spousal support.

On appeal, however, the Tennessee Court of Appeals reversed the decision of the circuit court judge and ruled that Johanna G. was entitled to spousal support by virtue of the fact that Craig G. had been earning so more than her over the past few years.

The court then went on to award Johanna G. $1,250 a month in spousal support for life or until she remarried.

The decision shocked many legal experts because permanent spousal support is typically awarded to women over the age of 50 who have been out of the workforce for many years, sacrificed their own careers to raise a family and who would not be able to find a job that would allows them to maintain the style of living to which they have grown accustomed.

Here, Johanna G. was only 43, had been employed for over 16 years and made upwards of $72,000 a year, she therefore appeared to many legal experts as an unlikely candidate for permanent spousal support.

Craig G. expressed dismay over the ruling and, as stated earlier, is now pursuing an appeal with the Tennessee Supreme Court.

"I could understand if she was not working and needed to be retrained, but she has a bachelor's degree, she has a job, and she has a pension that I don't have."

Oral arguments are currently scheduled for early June.

Stay tuned for developments from our Denver divorce blog ...

If you would like to learn more about divorce or asset protection, you should strongly consider speaking with an experienced legal professional.

This post is provided for informational purposes only and is not to be construed as legal advice.

This blog will periodically offer posts that communicate significant developments in the area of family law.

Related Resources:

TN Supreme Court considers change in alimony payments (The Tennessean)