The Tennessee Supreme Court is reviewing the way alimony is awarded in their state – lifetime or limited – in a case involving a Hendersonville couple that divorced in 2009, as reported by The Tennessean.
Craig Gonsewski and Johanna Gonsewski have been battling in the courts since 2007 and were divorced in 2009. The Tennessee Court of Appeals ordered Craig Gonsewski to pay his ex-wife $1,250 a month – for life – if she chose not to remarry.
Nashville lawyer, Helen Rogers, an expert on family law, said of the case, “It appears to be a possible game changer on alimony.”
The couple was married for 21 years and had two children together. Johanna Gonsewski filed for the divorce.
At the time of the divorce Johanna Gonsewski, working as an information technologist, was earning $72,000 a year, and Craig Gonsewski, a controller, made $137,000 a year.
Rogers also attested that this type of lifetime alimony award is usually the norm if one of the two partners is over 50, was married for decades, had sacrificed a career to raise a family and now can’t find a job to allow for the same lifestyle.
The Tennessee Administrative Office of the Courts and the Internal Revenue Service do not track alimony to determine how often this kind of support has been awarded.
Rogers believes that allowing a lifetime alimony does nothing to provide incentive for long-term marriage. Even
child support doesn’t last a lifetime.
Judge Tom Gray, of Sumner County Circuit Court, believes that Johanna Gonsewski should not be receiving the lifetime alimony award.
But citing that Craig Gonsewski earns much more than his ex-wife, the Tennessee Court of Appeals overturned Judge Gray’s ruling.
Craig Gonsewski is now remarried and said that the ruling is “devastating.” He continued, “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.”
Johanna Gonsewski, attesting that the ruling is favorable to all working women, commented, “I really hope it changes things because women who work outside the home should never be punished when they chose to leave their cheating husbands, and their lifestyles should never be diminished because they chose to leave.”
Craig Gonsewski admitted to inappropriate conduct in court documents but told the Associated Press that he was not a cheating husband.
Ed Gross, Johanna Gonsewski’s Nashville attorney, said, “If it wasn't for her, he'd probably still be in Huntsville working as an accountant for some small company. As far as her working two jobs when he was in school — actually, they both helped support each other and that was 20 years ago.
And I don't think she's had two jobs for the last 16, 17 years...”
Gross continued, “The whole theory behind alimony is that when he makes up his mind to leave — OK, you can do that — but you have an obligation to maintain your wife, your family, at the same economic status as it was originally.”
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