Franklin, Columbia & Brentwood Alimony Lawyers
Our alimony attorneys advocate for fair alimony awards in Franklin, TN
Alimony orders require one spouse to make support payments to the other after divorce, legal separation, or for separate maintenance. If you’re wondering about the amount or duration of the alimony you might receive or be obligated to pay, the Law Offices of Adrian H. Altshuler & Associates can fully inform you of the possible options. After more than 20 years of divorce representation, our Franklin alimony lawyers have the knowledge and experience to evaluate your circumstances to anticipate how the court might rule. From there, we can devise strategies to achieve your best alimony outcome.
How can we help?
What is alimony?
Alimony, also known as spousal support or maintenance, is a financial payment made from one spouse to another after a divorce or legal separation. It's essentially a way to help ensure that the divorce doesn't cause a drastic decline in the quality of life for the lower-earning spouse, especially in long-term marriages with significant earning power disparities.
What types of alimony are awarded in Tennessee?
Tennessee statutes provide four types of spousal support:
- Rehabilitative alimony. The purpose of rehabilitative alimony is to rehabilitate a spouse's earning capability so the spouse can be self-supportive. Courts may allow it for a spouse who wants to return to school or college to obtain a degree or enter a training program for a certain profession or occupation.
- Alimony in futuro(also called periodic alimony). In futuro is alimony that a spouse pays until the disadvantaged spouse remarries, dies, or circumstances warrant that the court orders it discontinued. This alimony is a fixed amount paid at determined intervals. The courts may award this type of alimony when a spouse enjoyed a high standard of living with the other spouse and it is unlikely the spouse will ever be able to earn a comparable living. Courts can award it in addition to rehabilitative alimony.
- Transitional alimony.As the name implies, transitional alimony is short-term and has the purpose of helping a spouse adjust immediately after divorce. The spouse would be capable of self-support and not need rehabilitative alimony.
- Alimony in solido. Alimony in solidois the most fixed type of alimony. A spouse must pay it even when the other spouse remarries or dies. Spouses cannot modify the established amount and it lasts for a finite period. Spouses can pay the alimony in installments or through a lump sum.
The Franklin spousal support attorneys from the Law Offices of Adrian H. Altshuler & Associates can help couples negotiate any of these options or a combination of the four types, depending on their unique circumstances. If you also have questions about provisions for your children, you can consult our child support lawyers.
What qualifies a spouse for alimony in Franklin?
The state of Tennessee does not require you to be married for a certain length of time before applying for alimony. The judge primarily looks at factors affecting each spouse’s finances and their ability to support themselves after a divorce.
The court will look at a variety of factors when awarding alimony, including:
- Which spouse has custody of the children
- Each spouse’s earning capability and financial resources
- Each spouse’s needs and obligations
- Each spouse’s age and health
- The standard of living established during the marriage
- The length of the marriage
- Whether the spouse seeking alimony needs to attend school or training to find adequate employment
- The value of each spouse’s marital and separate property
- The terms of any enforceable prenuptial or postnuptial agreements
Does adultery affect alimony in Franklin?
In Tennessee, adultery can influence alimony awards, but it's not a simple yes or no answer. Here’s a breakdown of the issues.
Marital fault is considered, but with limitations. Judges can consider marital fault, including adultery, when determining alimony amounts. However, they cannot use it as a punishment. Alimony is meant to provide financial support, not act as a reward or penalty.
- If the higher-earning spouse committed adultery, it could increase the alimony awarded to the other spouse, as their actions potentially contributed to the financial hardship.
- If the lower-earning spouse committed adultery, it could decrease their alimony as the judge might consider their actions a contributing factor to the marital breakdown.
- If the adulterous spouse used marital funds to support the affair, it could negatively impact their ability to pay alimony.
Judges consider the length of marriage, earning potential of both spouses, needs of the recipient spouse, and overall marital lifestyle when determining alimony.
For answers to your questions, talk to the Franklin alimony lawyers at the Law Offices of Adrian H. Altshuler & Associates today. It’s also important to remember that Tennessee courts have the discretion to award alimony as they see fit, and in some cases, they may not award alimony at all.
How long is alimony paid in Franklin?
There's no set answer to how long alimony is paid in Tennessee. It depends on various factors and is determined on a case-by-case basis by the court. Here's what you need to know.
Factors influencing duration:
- Length of marriage: This plays a significant role. A general guideline suggests one year of alimony for every three years of marriage, but it's not a hard rule. Longer marriages usually have longer alimony periods.
- Income disparity: The bigger the difference in income between spouses, the longer the alimony might last.
- Needs of the recipient: The court considers the recipient's financial needs, ability to become self-supporting, age, health, and education level.
- Paying spouse's ability to pay: Their income, assets, and debts are assessed to ensure fair and sustainable payments.
- Marital lifestyle: The standard of living enjoyed during the marriage can influence the alimony amount and duration.
- Other factors: Premarital or postnuptial agreements, marital fault, and child support obligations can also play a role.
When alimony stops in Tennessee depends on several factors and the type of alimony awarded. Here's a breakdown:
- Death of either spouse: Alimony automatically terminates upon the death of either spouse.
- Remarriage of the recipient spouse: This is the most common reason for alimony to end in Tennessee. Once the recipient spouse legally remarries, the paying spouse is no longer obligated to make payments. However, there are exceptions for lump-sum alimony.
- Court modification: If there's a significant change in circumstances for either spouse (e.g., significant income change, disability, recipient spouse cohabiting with a partner), either party can petition the court to modify or terminate alimony.
If you have questions about how much alimony you might be entitled to or how much you potentially have to pay, the Franklin alimony lawyers at the Law Offices of Adrian H. Altshuler & Associates have answers.
Do you have a Franklin alimony attorney near me?
We offer three locations to better serve our Tennessee clients:
Franklin Office
219 3rd Avenue N.
Franklin, Tennessee 37064-2504
Columbia Office
604 North High Street
Columbia, Tennessee 38401
Brentwood Office
1616 Liberty Blvd #363
Brentwood, TN 37027
We can also schedule video or phone consultations for your convenience.
Contact a knowledgeable alimony lawyer in central Tennessee
If you’re ready to secure your financial future, talk to the Franklin alimony lawyers at the Law Offices of Adrian H. Altshuler & Associates today. We are here to help you take the first step toward financial security after a divorce. To discuss your alimony issue, call our offices or fill out our contact form to schedule a free consultation. We serve clients out of our Franklin, Brentwood, and Columbia offices.
Related: