Alimony, or spousal support, is a court-ordered payment from one spouse to the other during or after a divorce. Its purpose is to ensure that the lower-earning spouse can maintain a reasonable standard of living after the separation. Depending on the circumstances, alimony may be temporary, rehabilitative, or permanent. Alimony and child support can both be ordered in a divorce, but they serve different purposes. If you have questions about your specific situation, contact us.
Types of Alimony in Tennessee
In Tennessee, alimony ordered as part of a divorce decree can take one of four forms:
Rehabilitative Alimony
This is the most common type of alimony in Tennessee. It is awarded to a spouse who needs financial support while they work towards becoming self-sufficient, often through education or job training. The goal is to help the recipient become financially independent over time.
Transitional Alimony
Transitional alimony is awarded when one spouse needs help adjusting to a new financial situation after the divorce but doesn’t require long-term support. It is usually awarded for a set period and is not intended to be permanent.
Alimony in Futuro (Permanent Alimony)
Permanent alimony is awarded when a spouse is unable to become self-sufficient due to age, illness, disability, or other factors. This alimony continues until the spouse dies or the recipient remarries. Courts rarely award this type of alimony unless there are exceptional circumstances.
Alimony in Solido (Lump-Sum Alimony)
Lump-sum alimony is a one-time payment or series of payments meant to settle the financial obligations between the spouses. It is often used to offset an unequal property division or pay off debts. Unlike other types of alimony, this cannot be modified after it is awarded.
Each type of alimony serves a different purpose and is tailored to meet the specific needs of the spouses involved. To find out which type of alimony may apply to your situation, contact Douglass & Runger for a discovery call.
Determining Whether Alimony Is Appropriate in Your Case
Determining whether alimony is appropriate in your case depends on various factors. Courts do not automatically grant alimony in every divorce; instead, they assess both parties’ financial needs and the paying spouse’s ability to provide support.
A Court May Determine Alimony Is Appropriate After Considering:
The Duration of the Marriage
Longer marriages are more likely to result in alimony awards, especially if one spouse has been financially dependent on the other for a significant period.
The Standard of Living During the Marriage
Courts aim to ensure that the lower-earning spouse can maintain a lifestyle similar to what was established during the marriage.
Each Spouse’s Earning Capacity
The court will consider both spouses’ financial resources and earning capacity. If one spouse can earn significantly more than the other, alimony may be awarded to balance the financial disparity.
Contributions to the Marriage
Non-financial contributions, such as raising children, supporting the other spouse’s career, or maintaining the household, are also taken into account when determining alimony.
Age, Physical, and Mental Health
An older or in poor health spouse may receive alimony if they are unable to work or support themselves independently.
The Financial Needs and Obligations of Both Parties
The court will evaluate both parties’ financial obligations, including debts, child support, and other expenses.
Any Prenuptial or Postnuptial Agreements
A prenuptial or postnuptial agreement may limit or eliminate the need for alimony, provided the agreement complies with state law and was signed voluntarily.
These are just a few of the factors that Tennessee courts consider when determining whether alimony is appropriate. The outcome of each case depends on its unique circumstances, which is why it’s essential to work with an experienced family law attorney who can guide you through the process.
If you’re unsure about your eligibility for alimony or want to understand how much you may be required to pay, Douglass & Runger can help evaluate your case.
Alimony and Taxes
The tax implications of alimony have changed significantly in recent years. Previously, alimony payments were tax-deductible for the paying spouse and considered taxable income for the receiving spouse. However, under the Tax Cuts and Jobs Act, this is no longer the case for divorces finalized after 2018.
