CORNELIA A. CLARK, J., delivered the opinion of the Court, in which GARY R. WADE, C.J., and JANICE M. HOLDER, WILLIAM C. KOCH, JR., and SHARON G. LEE, JJ., joined.
We granted review in this divorce case to determine whether the Court of Appeals erred by reversing the trial court's denial of transitional alimony. The trial court divided the parties' real and personal property, awarded custody of their children to the wife, and declined to award spousal support to the husband. The Court of Appeals affirmed the trial court's custody determination and, except for the trial court's refusal to divide the wife's post-separation income, upheld the classification and division of the marital estate. However, the Court of Appeals reversed the trial court's judgment regarding spousal support and ordered the wife to pay the husband transitional alimony in the amount of $2000 per month for thirty-six months. We conclude that the trial court did not abuse its discretion in declining to award the husband transitional alimony. Accordingly, we reverse that portion of the Court of Appeals' judgment awarding the husband transitional alimony but affirm in all other respects the intermediate appellate court's decision.
Patricia Carlene Mayfield ("Wife") and Phillip Harold Mayfield ("Husband") met in 1989 while Wife attended pharmacy school and Husband worked in the tool-and-die
Husband testified that he made little or no profit farming. When asked at trial whether he planned to continue farming after the divorce, he replied "maybe." Husband testified that he could work in another occupation but said that he had been unable to find a job. However, Husband had completed only two job applications in two years.
Dr. Rodney Caldwell, a vocational expert, testified that Husband is capable of performing heavy labor, as evidenced by his farming activities, and that Husband has job skills suitable to work as an agricultural manager. Dr. Caldwell explained that Husband is also qualified to work in sales, in particular, sales of agricultural supplies and equipment, auto parts, and building supplies. Dr. Caldwell further testified that Husband has the skills needed to work as a truck driver, an equipment operator, a veterinary technician, or a drilling-and-boring machine operator, and that these positions pay between $24,400 and $57,000 per year. Dr. Caldwell opined that Husband could become qualified to work as a draftsman by completing less than a year of training. Husband's brother-in-law, a tool-and-die maker, testified that the industry had become more automated, and in order for Husband to resume the trade, he would need to complete a class on the operation of the machines now used in the industry.
During the marriage, the parties maintained a modest lifestyle, living in a two-bedroom, one-bathroom "basement house" heated with a wood stove. The house, described at trial as "pretty rudimentary," was built partially below ground with temporary finishes because it was not meant to be a permanent residence. Wife paid all of the family's bills. Rather than improving the house, the parties, at Husband's insistence, used Wife's income to buy land for Husband's farming operation. The parties acquired about 150 acres during the marriage.
The parties had two children, ages eight and eleven, at the time of trial. The parties agreed that Husband would care for the children while he farmed and Wife worked outside the home. Although Wife expected Husband to go back to work once the children started school, he never returned to work. According to Wife, he slept much of the time and paid others to work the farm. Family members mowed the couple's lawn. Wife's mother described Husband as "lazy" and expressed her opinion, formed over many years, that he would never work. Other witnesses described him as someone who dislikes people, flies into rages, and does not want visitors in his home. Wife testified that, despite working long hours outside the home, she did most of the household chores, including hauling wood for their stove. Husband disputed Wife's testimony and claimed that he did most of the household chores and cared for the children, getting them ready for school, making their lunches, and providing their transportation.
The parties' marriage fell apart due to Husband's physical abuse of Wife. Angry that she worked long hours and jealous that she worked with men, Husband
Husband also once tried to cram a bed sheet into Wife's mouth, pushing it in with his thumbs so that she could not scream, and on another occasion, he pointed a gun at her. More than once, Husband hit Wife in the face while she was driving, and on another occasion, while the children were in the car, Husband tried to shift the car to park while it was moving at a speed of sixty-five miles per hour. When Wife stopped the car to run for help, Husband grabbed her hair and prevented her from fleeing. On still another occasion, Wife locked herself inside her car to escape a beating, but Husband threatened to kill her if she did not unlock the doors. She complied with his demand, and the beating continued.
Wife occasionally slept with the children because they all feared Husband. On one such occasion, Husband reached over one child, grabbed Wife's feet, and pulled her from the top of a bunk bed, causing her to strike every rung of the ladder on her way down. Although Wife begged Husband to stop and pleaded with him not to hurt her, he grasped her hair and pulled her through the house. Wife described another incident in which Husband "busted" her nose, causing her to gag and choke on her own blood. Wife also recalled Husband beating her with a clothes hanger, and she remembered having "blood on [her] many times."
Wife's co-workers, family members, and neighbors testified concerning the extensive bruising they noticed on Wife's body, particularly the tops of her feet, but also on her face, neck, arms, legs, and back. They also recalled seeing bald spots, as if Wife's hair had been pulled from her head, and noticed that her earlobe had been torn from the side of her face. One co-worker testified that she occasionally called Wife at home to make sure she was still alive. Other co-workers had overhead Husband tell Wife in a phone conversation that whether he beat her that day when she arrived home from work would depend on her. Co-workers also overheard Husband threatening to come to the Wal-Mart where Wife worked if she failed to come home, causing Wife's co-workers to fear possible violence.
Wife tried to conceal the injuries Husband inflicted with heavy make-up and clothing, including wearing turtle-neck shirts in the summer. Husband insisted that Wife use more make-up to conceal the bruises on her face, but when the bruising became too extensive to conceal, Husband "started bruising [Wife] where people couldn't visually see it." When Wife's mother confronted Husband about the abuse, he told her that Wife could not leave him until she had used her income to pay for his farmland. Fearing for her life, Wife eventually took the children and fled the marital home with only the clothes they were wearing.
Some of Husband's brutality occurred in the presence of the parties' children, prompting their eight-year-old son to threaten a call to 911. When Husband made a hole in the bathroom door by
Although Husband pleaded guilty to assault as a result of this incident, at the divorce trial he steadfastly, repeatedly, and unequivocally denied ever abusing Wife. Husband claimed to be mystified by the bruises and marks on her body and the clumps of hair missing from her head. Husband also said the neighbor who witnessed his assault on Wife had lied because she was jealous of him.
In any event, the trial court granted Wife a divorce based on Husband's inappropriate marital conduct, designated her the primary residential parent, divided the marital estate, and declined to divide Wife's post-separation income. The trial judge found that the evidence of physical abuse, substantiated by several witnesses whom the trial judge found to be credible, was overwhelming. The trial judge described Husband's testimony as inconsistent and "incredulous." The trial court declined to award Husband alimony, finding that Husband was willfully underemployed, had an earning capacity of $45,000 per year, and had the capacity to earn a living for himself farming because he had been awarded the farm in the divorce.
Husband appealed. The Court of Appeals affirmed the trial court's custody determination and its classification and division of the marital estate, but the Court of Appeals concluded that the trial court erred by refusing to divide Wife's post-separation income.
We granted Wife's application for permission to appeal.
The sole issue before this Court is whether the Court of Appeals erred by reversing the trial court's judgment declining to award Husband alimony. This Court has frequently recognized that trial courts in Tennessee have broad discretion to determine whether spousal support is needed and, if so, to determine the nature, amount, and duration of the award. See Gonsewski, 350 S.W.3d at 105; Bratton v. Bratton, 136 S.W.3d 595, 605 (Tenn.2004); Burlew v. Burlew, 40 S.W.3d 465, 470 (Tenn.2001); Crabtree v. Crabtree, 16 S.W.3d 356, 360 (Tenn.2000). Because a trial court's "decision regarding spousal support is factually driven and involves the careful balancing of many factors," Gonsewski, 350 S.W.3d at 105 (footnote omitted), the role of an appellate court is not to second guess the trial court or to substitute its judgment for that of the trial court, but to determine whether the trial court abused its discretion in awarding, or refusing to award, spousal support. Id. "An abuse of discretion occurs when the trial court causes an injustice by applying an incorrect legal standard, reaches an illogical result, resolves the case on a clearly erroneous assessment of the evidence,
Tennessee recognizes four distinct types of spousal support: (1) alimony in futuro, (2) alimony in solido, (3) rehabilitative alimony, and (4) transitional alimony. Tenn.Code Ann. § 36-5-121(d)(1) (2010 & Supp.2012). Alimony in futuro, a form of long-term support, is appropriate when the economically disadvantaged spouse cannot achieve self-sufficiency and economic rehabilitation is not feasible. Gonsewski, 350 S.W.3d at 107. Alimony in solido, another form of long-term support, is typically awarded to adjust the distribution of the marital estate and, as such, is generally not modifiable and does not terminate upon death or remarriage. Id. at 108. By contrast, rehabilitative alimony is short-term support that enables a disadvantaged spouse to obtain education or training and become self-reliant following a divorce. Id.
Where economic rehabilitation is unnecessary, transitional alimony may be awarded. Transitional alimony assists the disadvantaged spouse with the "transition to the status of a single person." Id. at 109 (internal quotation marks omitted). Rehabilitative alimony "is designed to increase an economically disadvantaged spouse's capacity for self-sufficiency," whereas "transitional alimony is designed to aid a spouse who already possesses the capacity for self-sufficiency but needs financial assistance in adjusting to the economic consequences of establishing and maintaining a household without the benefit of the other spouse's income." Id. Consequently, transitional alimony has been described as a form of short-term "bridge-the-gap" support designed to "smooth the transition of a spouse from married to single life." Engesser v. Engesser, 42 So.3d 249, 251 (Fla.Dist.Ct.App.2010).
Transitional alimony is payable for a definite period of time and may be modified only if: (1) the parties agree that it may be modified; (2) the court provides for modification in the divorce decree, decree of legal separation, or order of protection; or (3) the recipient spouse resides with a third person following the divorce. Tenn.Code Ann. § 36-5-121(g)(2).
Tennessee statutes concerning spousal support reflect a legislative preference favoring rehabilitative or transitional alimony rather than alimony in futuro or in solido. See Tenn.Code Ann. § 36-5-121(d)(2)-(3); Gonsewski, 350 S.W.3d at 109. Not even long-term support is a guarantee that the recipient spouse will be able to maintain the same standard of living enjoyed before the divorce because "two persons living separately incur more expenses than two persons living together." Gonsewski, 350 S.W.3d at 108 (quoting Kinard v. Kinard, 986 S.W.2d 220, 234 (Tenn.Ct.App.1998)). Although the parties' standard of living is a factor courts must consider when making alimony determinations, see Tenn.Code Ann. § 36-5-121(i)(9), the economic reality is that the parties' post-divorce assets and incomes
Guided by the foregoing principles, we turn to the specific circumstances of this case. Wife contends that the trial court correctly determined that Husband failed to prove a need for alimony and that the high degree of fault attributable to him weighs against such an award. Further, she insists that Husband is capable of finding suitable employment and earning a living that will allow him to maintain his modest standard of living. She also asserts that the trial court applied the correct legal standards in declining to award Husband spousal support and that the trial court's refusal to award alimony was reasonable. Wife maintains that the trial court considered Husband's need and expressly found that his standard of living after the divorce will be the same as it was during the marriage because he received the marital home and farm and has little or no debt.
Husband responds that the award of transitional alimony was appropriate because Wife's income far exceeds his own, his farming operation has not been profitable, he has not worked in the tool-and-die industry in many years, and he stayed home during the marriage to care for the children. Husband maintains that although he has completed two years of college, he has been out of the workforce for approximately twenty years and, without further training, would be restricted to low-paying retail jobs. Husband points out that the parties were married for approximately seventeen years, that they are both in their mid-forties, and that neither suffers from any physical or mental impairments. He also argues that Wife will be able to maintain a higher standard of living given her income, which he enabled her to attain by staying home with the children and allowing her to climb the corporate ladder. Accordingly, he urges this Court to affirm the award of transitional alimony.
As already noted, the trial court denied Husband's request for alimony after considering the factors listed in section 36-5-121(i).
As noted, transitional alimony is designed to aid a spouse who already has the capacity for self-sufficiency but needs financial assistance in adjusting to the economic consequences of establishing and maintaining a household without the benefit of the other spouse's income. Here, the evidence showed that Husband is capable of working full time and earning a living that will allow him to maintain the parties' pre-divorce standard of living. Husband received the marital home and farm, meaning that he will be able to continue his farming operation without interruption and with little or no debt. According to the testimony in the record, only a brief refresher course stands in the way of Husband resuming his career in the tool-and-die industry. In addition, the proof shows that Husband is capable of performing heavy labor and has job skills suitable for work in a variety of positions, including sales of agricultural supplies and equipment, auto parts, and building supplies. The proof also shows that Husband is qualified to work as a truck driver, an equipment operator, a veterinary technician, and a drilling-and-boring machine operator, jobs that pay between $24,400 and $57,000 per year. Husband's testimony that he has been unable to find work is unpersuasive given the proof that he has completed only two job applications in two years.
Although Husband claims that his willingness to stay home during the marriage advanced Wife's career, he ignores the proof that she turned down a district management position at his insistence. According to Wife's uncontroverted testimony, Husband actually impeded her career advancement. The proof shows that Wife was able to work in her field despite Husband's abusive and unsupportive conduct, not because Husband did anything to assist or encourage her.
The proof shows that Husband's abuse of Wife tainted her workplace, as Wife's co-workers saw firsthand her injuries and overheard Husband's threats to come to her place of employment if she failed to come home. Husband also required Wife to give him her paychecks, and if she refused, he would beat her. Husband would lock Wife's paychecks and the couple's checkbook in his truck, to which Wife did not have a key. In short, the proof establishes that Husband did not support Wife in her professional endeavors.
On the other hand, there is no proof to suggest that Husband's willingness to remain at home and care for the children hindered his farming operation. Nor is there any evidence to suggest that Husband suffered an economic detriment of any kind by virtue of caring for the children while Wife worked outside the home.
Additionally, the evidence concerning the relative fault of the parties weighs heavily against awarding Husband spousal support, as the Court of Appeals acknowledged. Although Husband argues that Wife should bear some of the blame for the divorce because she worked long hours, this argument is refuted by Wife's testimony that she worked long hours "because every time I would come home, I was getting beat[en]." According to Wife, she was simply "trying to survive" by remaining at work away from Husband. Husband conceded in his brief filed in this Court "that [his] behavior during the last year of the marriage was inexcusable. He was violent and abusive. In fact, his violence caused [Wife] to flee the marital home." We decline to hold that Wife should bear partial fault for the divorce because she worked long hours to avoid physical abuse.
Moreover, based on this record, it would be patently unjust to force Wife to continue supporting the person who repeatedly beat her to the point that she feared for her life and fled her home with her children and only the clothes they were wearing.
We also note that there is a complete lack of evidence that Husband needed financial assistance to adjust to life as a single person, which, as already explained, is the purpose of transitional alimony. Gonsewski, 350 S.W.3d at 109. Although the Court of Appeals found that transitional alimony was appropriate to assist Husband in adjusting to the economic consequences of the divorce, the record contains no proof as to these economic consequences, a point Husband acknowledged at oral argument. In fact, the subject of alimony received little attention at trial, other than Husband's testimony that he wanted Wife to continue supporting his unprofitable farming operation. The record
The Court of Appeals' award of transitional alimony is also inconsistent with this Court's recent decision in Gonsewski. In that case, the trial court declined to award alimony to a wife who had a college degree, good health, and a stable work history, making $73,500 a year, and whose husband earned approximately $137,500 the previous year. Id. at 103. The Court of Appeals reversed and ordered the husband to pay the wife alimony in futuro in the amount of $1250 per month due to the disparity in the parties' income and to "mitigate the harsh economic realities of divorce." Id. at 110. We concluded that the Court of Appeals had erred by awarding alimony in futuro because the wife had "the ability to support herself." Id. at 112. We also concluded that transitional alimony was unwarranted because the wife had failed to demonstrate that she needed "additional financial assistance in order to adjust to the economic consequences of her divorce." Id. at 115. We emphasized that the trial court had considered the support issue "in light of the appropriate factors and in light of the specific facts and circumstances of the case," id., and declined to reverse the trial court absent an abuse of discretion. Id. at 112.
The same can be said of the present case, as there was no demonstrated need for support of any kind. Indeed, the record contains no evidence at all regarding Husband's expenses, and we are not inclined to speculate about such matters. The record does establish that Husband was unsupportive of Wife's career, abusive, and underemployed. The trial court found that Husband can maintain the same standard of living after the divorce that the parties enjoyed during the marriage. Under these circumstances, we conclude that spousal support was unwarranted.
In sum, considering the evidence in a light most favorable to the trial court's decision, as Gonsewski requires, the trial court did not abuse its discretion in denying Husband alimony. The trial court considered the pertinent factors and declined to award spousal support, a decision not "clearly unreasonable." Id. at 105.
At oral argument Husband requested that we take judicial notice of his need for spousal support. "Judicial notice is defined as an acceptance by a court ... of a well-known and indisputable fact." State v. Lawson, 291 S.W.3d 864, 868 (Tenn.2009) (internal quotation marks omitted); accord Benson v. H.G. Hill Stores, Inc., 699 S.W.2d 560, 563 (Tenn.Ct. App.1985) ("Facts relating to human life, health and habits, and management and conduct of businesses which are of common knowledge may be judicially noticed."); Smith v. State, 607 S.W.2d 906, 907 (Tenn.Crim.App.1980) ("Judicial notice is the process by which a court accepts facts as true without proof because knowledge of those facts is so notorious that everyone is assumed to possess it."). Judicial notice is a rule of convenience, intended to save time and resources by dispensing with the presentation of evidence. Lawson, 291 S.W.3d at 868. The rule is limited, however, to a fact "not subject to
Based upon our review of the record and applicable legal principles, we conclude that the Court of Appeals erred by reversing the trial court and awarding transitional alimony to Husband. We therefore reverse that portion of the Court of Appeals' judgment and reinstate the trial court's judgment denying Husband alimony. In all other respects, the judgment of the Court of Appeals is affirmed. The costs of this appeal are taxed to Husband and his surety, for which execution may issue if necessary.
Tenn.Code Ann. § 36-5-121(i).