McKee v. McKee

23 Citing cases

  1. Isbell v. Isbell

    816 S.W.2d 735 (Tenn. 1991)   Cited 87 times
    Holding that an alimony in futuro award consists of "an indefinite amount over an indefinite period of time"

    Indeed, if the intermediate court's interpretation were permitted to stand, it would effectively prohibit the awarding of alimony in solido in installments, a practice that was initially approved in Spalding v. Spalding, 597 S.W.2d 739 (Tenn. App. 1980), and has been followed in a line of cases, both reported and unreported, relying on Spalding. See, e.g., McKee v. McKee, 655 S.W.2d 164 (Tenn. App. 1983). Although the Court of Appeals does not mention Spalding, its opinion in this case has the effect, perhaps unintended, of overruling it.

  2. Waddey v. Waddey

    6 S.W.3d 230 (Tenn. 1999)   Cited 42 times
    Holding that trial courts have no authority to modify an alimony award after a specified termination condition has been met

    Whether alimony is in futuro or in solido is determined by either the definiteness or indefiniteness of the sum of alimony ordered to be paid at the time of the award. McKee v. McKee, 655 S.W.2d 164, 165 (Tenn.App. 1983). Alimony in solido is an award of a definite sum of alimony.

  3. Patteson v. Patteson

    No. W2022-01187-COA-R3-CV (Tenn. Ct. App. Apr. 18, 2023)

    "If the alimony award contains contingencies that may affect the total amount to be paid, the award is for alimony in futuro because the total amount of alimony is not definite and ascertainable at the time the award is made." Kelly v. Kelly, No. M2008-02170-COA-R3-CV, 2009 WL 1312839, at *2 (Tenn. Ct. App. May 11, 2009) (citing McKee v. McKee, 655 S.W.2d 164, 165-66 (Tenn. Ct. App. 1983)).

  4. In re Estate of Steil

    No. M2011-00701-COA-R3-CV (Tenn. Ct. App. May. 16, 2012)   Cited 3 times

    Whether alimony is in futuro or in solido is determined by either the definiteness or indefiniteness of the sum of alimony ordered to be paid at the time of the award. McKee v. McKee, 655 S.W.2d 164, 165 (Tenn. App. 1983). Alimony in solido is an award of a definite sum of alimony.

  5. Kelly v. Kelly

    No. M2008-02170-COA-R3-CV (Tenn. Ct. App. May. 11, 2009)   Cited 5 times

    Alimony in solido is "`fundamentally the award of a definite sum of money; and if the sum is payable in installments, the payments run for a definite length of time.'" McKee v. McKee, 655 S.W.2d 164, 165 (Tenn.Ct.App. 1983) (quoting Spalding v. Spalding, 597 S.W.2d 739, 741 (Tenn.Ct.App. 1980)). The amount of the alimony in solido award "must be ascertainable when ordered, not years later when a contingency terminates the award."

  6. Gillespie v. Gillespie

    No. E2006-00734-R3-CV (Tenn. Ct. App. Dec. 19, 2006)   Cited 5 times

    Whether alimony is in futuro or in solido is determined by either the definiteness or indefiniteness of the sum of alimony ordered to be paid at the time of the award. McKee v. McKee, 655 S.W.2d 164, 165 (Tenn.App. 1983). Alimony in solido is an award of a definite sum of alimony.

  7. Campbell v. Campbell

    No. M2005-00288-COA-R3-CV (Tenn. Ct. App. Aug. 8, 2006)   Cited 1 times

    In the case before us, the trial court specifically found rehabilitative and transitional alimony to be inappropriate. Whether alimony is in futuro or in solido is determined by either the definiteness or indefiniteness of the sum of alimony ordered to be paid at the time of the award. McKee v. McKee, 655 S.W.2d 164, 165 (Tenn.App. 1983). Alimony in solido is an award of a definite sum of alimony.

  8. THYM v. THYM

    No. M2004-02389-COA-R3-CV (Tenn. Crim. App. Jan. 9, 2006)

    Whether alimony is in futuro or in solido is determined by either the definiteness or indefiniteness of the sum of alimony ordered to be paid at the time of the award. McKee v. McKee, 655 S.W.2d 164, 165 (Tenn.App. 1983). Alimony in solido is an award of a definite sum of alimony.

  9. Schmidt v. Schmidt

    No. M2004-01350-COA-R3-CV (Tenn. Ct. App. Sep. 15, 2005)   Cited 7 times
    In Schmidt v. Schmidt, 2005 WL 2240960 (Tenn. Ct. App. Sept. 15, 2005), this court examined Grissom and a few other decisions, including Waddey.

    Whether alimony is in futuro or in solido is determined by either the definiteness or indefiniteness of the sum of alimony ordered to be paid at the time of the award. McKee v. McKee, 655 S.W.2d 164, 165 (Tenn.App. 1983). Alimony in solido is an award of a definite sum of alimony.

  10. Burlew v. Burlew

    40 S.W.3d 465 (Tenn. 2001)   Cited 300 times
    Holding that unlike alimony in solido, alimony in futuro is subject to modification

    Waddey v. Waddey, 6 S.W.3d 230, 232 (Tenn. 1999) (citing McKee v. McKee, 655 S.W.2d 164, 165 (Tenn.Ct.App. 1983)). Alimony in solido is an award of a definite sum of alimony and "may be paid in installments provided the payments are ordered over a definite period of time and the sum of the alimony to be paid is ascertainable when awarded."