When a marriage ends in Tennessee, financial support, often referred to as alimony, may be awarded to one spouse to help maintain stability and fairness. Tennessee law recognizes several types of alimony, each designed to address different financial circumstances. This blog explores the types of alimony available in Tennessee, the factors that influence awards, and how courts determine the amount and duration of support.
Types of Alimony in Tennessee
Rehabilitative Alimony
The purpose of rehabilitative alimony is to assist the economically disadvantaged spouse in becoming self-sufficient. It is temporary and designed to last until the receiving spouse achieves financial freedom through education or job training. This type of support is often seen when a spouse needs time to re-enter the workforce or develop skills. Tennessee has a statutory preference for this type of support. Tenn. Code Ann. 36-5-121(d)(2).
Periodic Alimony also known as Alimony in Futuro
Periodic alimony’s purpose is to provide long-term financial support when rehabilitation is not feasible. It is usually awarded for an indefinite period but can be modified or terminated upon remarriage or significant changes in circumstances. It is often awarded in cases of long-term marriages where one spouse cannot realistically regain self-sufficiency.
Lump-Sum Alimony also known as Alimony in Soldio
Lump-Sum alimony may sound a bit common sensical. This type of alimony is to provide a fixed amount of financial support, either as a single payment or in installments. This type of alimony is non-modifiable and continues regardless of changes in circumstances. Often lump- sum alimony is used to balance property division or fulfill a financial obligation.
Transitional Alimony
Transitional alimony is awarded when the court finds that rehabilitation is not necessary, but the economically disadvantaged spouse needs assistance to adjust to the economic consequences of a divorce, legal separation, or other proceeding where spousal support may be awarded, such as a petition for an order of protection. This type of alimony is usually temporary and for a specific term.
Factors Influencing Alimony Awards
Tennessee courts consider various factors when deciding whether to award alimony, the type of support, and its amount and duration. Tenn. Code Ann. § 36-5-121(i) Key considerations include:
- Relative Earning Capacity: Courts evaluate the earning potential of both spouses, including current income and future earning ability.
- Duration of the Marriage: Longer marriages are more likely to result in long-term or substantial alimony awards.
- Standard of Living During the Marriage: Courts aim to maintain, as closely as possible, the standard of living enjoyed during the marriage.
- Age and Physical/Mental Health of Each Spouse: Health conditions and age can impact earning ability and the need for financial support.
- Contributions to the Marriage: Non-financial contributions, such as homemaking or supporting a spouse’s career or education, are considered.
- Fault or Misconduct: Tennessee is a fault-based divorce state, so misconduct like adultery can influence alimony decisions.
- Financial Needs and Resources: The court examines each spouse’s financial situation, including assets, debts, and financial obligations.
- Parenting Responsibilities: Custodial parents may receive additional consideration due to limited earning capacity or higher expenses related to childcare.
Determining the Amount and Length of Alimony
The court’s goal is fairness, ensuring neither spouse suffers undue hardship. However, there’s no strict formula for calculating alimony in Tennessee, leaving it largely to judicial discretion based on the factors listed above.
Courts assess the paying spouse’s ability to pay and the receiving spouse’s financial need. Budgets and financial affidavits play a crucial role in this determination.
For rehabilitative alimony or transitional alimony, the term usually aligns with the time needed for the receiving spouse to achieve financial stability. Long-term support (alimony in futuro) may last until the receiving spouse remarries or reaches retirement age, though it can be adjusted if circumstances change.
Conclusion
Alimony in Tennessee is designed to ensure a fair outcome for both parties in a divorce. The type, amount, and duration of support vary depending on the unique circumstances of the marriage and the financial needs of the spouses. Understanding the legal framework and factors influencing alimony awards can help you navigate the process more confidently. If you’re facing divorce and have questions about alimony call King Law Offices at 423-850-0021 to meet with one of our knowledgeable Tennessee attorneys and learn more about alimony and your case.