Alimony in Tennessee: Laws, Types, and How It’s Calculated

Alimony payments are support that one spouse pays to another following a divorce. Today, fewer divorces involve alimony payments than in the past because it’s much more likely that both spouses can or do work. Still, there are some situations in which one spouse pays the other alimony.

So, how does alimony work? How much do people have to pay? How is it calculated? We’ve put together this alimony guide for Tennessee to help. Keep reading to learn more.

What are Tennessee’s alimony laws?

Tennessee alimony laws name alimony as spousal support following a divorce. It is a legal financial obligation to support the lower-income spouse following the split, depending on specific circumstances. Its purpose is to alleviate unfair economic advantages and help the spouse become self-sufficient.

What are the types of alimony in Tennessee?

There are four types of alimony in Tennessee. We’ll discuss each and the benefits below:

In solido

Alimony in solido is a bit different from the other types. It is often called “lump sum” alimony. This form of spousal support:

• Can be paid all at once
• Can be paired with other forms of alimony
• Does not terminate because of either spouse’s death or the recipient’s remarriage
• Cannot be modified

This form of spousal support may be used to provide financial support, help achieve an equitable division of marital property, or both. Alimony in solido can also be awarded for attorneys’ and legal fees, or to give the disadvantaged spouse a larger share of retirement or personal account funds.

Benefits of in solido

There are benefits to in solido payments. First, people have the option to pay it all at once and be done with it. Because it is considered a final judgment, it provides certainty and stability for both parties.

In futuro

Alimony in futuro is considered long-term or permanent assistance. This type of alimony is generally awarded when the court determines rehabilitation is not feasible. This could be due to several factors, including the person’s age or health status.

Benefits of in futuro

This long-term solution allows the receiver to maintain their standard of living. Alimony in futuro can be changed or canceled in some cases, such as remarriage or a significant change in income.

Rehabilitative

Rehabilitative alimony is a form of support that focuses on educational or job training. This type of alimony is for people who did not complete their education because they were caring for children or a household.

Benefits of rehabilitative

This form of alimony helps someone advance their skill set to become employable. They can develop key abilities needed to secure a job that will allow them to be financially independent. It creates economic fairness while facilitating the receiver’s growth.

Transitional

Transitional alimony supports the lower-income spouse for a short time following divorce. It’s meant to allow the person to maintain a certain standard of living during the changes following a breakup.

Benefits of transitional

This short-term solution allows someone to transition to a single-income household. Rehabilitative stipulations are not generally tied to it, so the receiver can use it for general living expenses. Transitional alimony allows the person to adjust to their new lifestyle without facing financial ruin.

How long does alimony last in Tennessee?

The length of alimony payments depends on the duration of the marriage. Courts also weigh need and earning capacity. Of course, several factors go into this and are considered when determining the length of time alimony is given. Examples include:

• What was the standard of living?
• What does the spouse’s health look like?
• Is the spouse caring for children?
• How old is the receiver?
• How were assets divided?

The goal of alimony is for the receiving spouse to become financially independent, if possible. Some factors may end alimony early.

Can alimony be modified?

In the event of major life changes, an alimony order may be modified. Examples include job losses, promotions, or remarriage. Tennessee courts may modify certain alimony awards upon a substantial and material change in circumstances. The requesting party must show proof of the major life change when filing a petition. Courts evaluate the change and may adjust alimony depending on the findings.

How is alimony calculated in Tennessee?

Several factors are included in Tennessee divorce laws for alimony. Courts consider the following when calculating how much alimony will be paid:

Duration of marriage

The length of the marriage is an important component in calculating alimony. Longer marriages may have a financially dependent spouse who will need more time to become independent. A longer marriage may have higher alimony amounts than a shorter marriage.

Each case is unique, and it’s impossible to determine alimony without knowing the specifics. No alimony calculator for Tennessee gives general numbers. Anyone curious about alimony should connect with a divorce attorney.

Financial needs and resources

Another component of alimony calculation is the financial needs and resources of each spouse. To determine economic disparity, both spouses’ incomes, assets, and expenses are evaluated. Alimony is calculated to help the lower-income spouse maintain a lifestyle similar to the one experienced during the marriage.

Marital contributions

In Tennessee, non-financial contributions to the marriage are considered when calculating alimony. Did one partner stay home to take care of the children or the home? These marital contributions may have helped the other partner to become more successful. Courts look at the importance of these contributions and weigh them when determining alimony amounts.

Contact Adrian H. Altshuler & Associates for a confidential consultation

Alimony in Tennessee doesn’t have to be confusing or daunting. An experienced attorney helps clients determine if it should be paid and how much is reasonable. At Adrian H. Altshuler & Associates, we help clients through the divorce journey. Contact us today to request a confidential consultation to discuss your situation.