Leggett v. Leggett

1 Citing case

  1. Erwin v. Erwin

    No. W1998-00801-COA-R3-CV (Tenn. Ct. App. Jun. 26, 2000)   Cited 8 times
    Affirming the trial court's conclusion that the husband was voluntarily underemployed for purposed of determining child support and alimony

    The fact that Husband was drawing his retirement benefits at the time of the divorce hearing does not change his pension benefits from marital property to his separate property. See Leggett v. Leggett, No. 02A01-9408-CV-00190, 1996 WL 83898, at *1 (Tenn.Ct.App. Feb. 26, 1996) (husband's pension, which he had already begun drawing at time of divorce, was marital property subject to division by trial court) and DuBan v. DuBan, No. 02A01-9404-CV-00086, 1995 WL 241431, at * 2 (Tenn.Ct.App. Apr. 25, 1995) (husband's military pension, which he was drawing at time of divorce, found to be marital property subject to division). Husband also argues that the trial court's award of 40% of his pension benefits to Wife is excessive, in light of the large alimony award made to Wife. He contends that the award of "spousal support" is more than Wife's demonstrated needs, and that it was inequitable for the trial court to award alimony and child support based on Husband's income level, including his pension, and then award Wife 40% of that pension.