After a divorce, people go through several changing circumstances, that can add to an already stressful time. However, one thing Tennessee does not want financially dependent spouses to worry about is how they are going to make ends meet.
When a couple gets divorced, the financially dependent spouse can oftentimes receive alimony. In Tennessee, there are four types of alimony, rehabilitative alimony, transitional alimony, alimony in futuro, and alimony in solido.
There are three different purposes for alimony. For rehabilitation alimony and alimony in the future, the purpose is to make sure the financially dependent spouse can maintain the standard of living he or she experienced during the marriage, or the post-divorce standard of living available to the other spouse. For transitional alimony, the purpose is to assist the financially dependent spouse in adjusting to the economic consequences of divorce. For alimony in solido, the purpose is to provide financial support to the financially dependent spouse or to equitably divide and distribute marital property.
In Tennessee before determining if a party has grounds for a modification, it is important to first determine if the type of alimony he or she receives is modifiable. If a party receives alimony in solido, also known as lump sum alimony, it cannot be modified for any reason. If the party receives transitional alimony, it can be modified if the recipient spouse resides with a third person after the divorce, if the parties incorporate an agreement into the initial divorce decree, decree of legal separation, or order of protection, or if the court orders that it can be modified either through an order of protection, the initial divorce decree, or a decree of legal separation. If the party receives rehabilitative alimony, alimony in futuro, or meets one of the requirements for transitional alimony, the party is eligible for a modification of their alimony.
In Tennessee, alimony can be modified for many reasons but a change in income will rarely be enough by itself to receive a modification. Additionally, even when there are grounds for a modification, the alimony won’t increase or decrease automatically. For alimony to be modified, the person requesting the modification has the burden of showing that there has been a material and substantial change in circumstances. Then that person must show that the modification is warranted.
To modify alimony, there must have been a material and substantial change in circumstances since the alimony was awarded. A substantial change means a change that significantly affects either the supporting spouse’s ability to pay or the financially dependent spouse’s needs. A material change is one that was not thought about at the time of divorce. Once the party proves that there has been a substantial and material change in circumstances he will not automatically qualify for a modification of alimony. Instead, the party has to prove the modification is justified. In doing so, the party must prove that the modification is warranted using the factors listed in Tennessee Annotated Code § 36-5-121(i).
Alimony will generally not be modified solely because of an increase in income of the supporting spouse, because an increase in income is not enough to show a material and substantial change in circumstances. Though the supporting spouse’s ability to pay and the financially dependent spouse’s need are important factors to be considered, the court will likely make the party prove why a change is necessary under other factors listed in Tennessee Annotated Code § 36-5-121(i). In addition to showing a change in the financially dependent spouse’s need or a change in the supporting spouse’s ability to pay, other compelling arguments include if the financially dependent party is not able to work due to a disability, or due to lack of education and training, or if the financially dependent party cannot work because he cares for the parties’ child.
Although it is unlikely to receive a modification of alimony due to a supporting spouse’s salary increase, if there are other reasons alimony needs to be modified, the supporting spouse’s salary increase can be an extremely compelling factor for the court to consider.
When you are pursuing a modification of alimony, many complex factors come into play. It is important to seek legal assistance from an attorney who can help you navigate through those complex issues. King Law’s team of knowledgeable attorneys is ready to help guide you through the process of modifying alimony. Call us today at 888-748-KING to set up a consultation.