Alimony in Tennessee

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In the event of a divorce, if either spouse does not have a separate estate, or if a spouse's assets are not sufficient to offer a means of support, a judge might order alimony, which is also known as spousal support. Alimony is usually a monthly financial allowance paid by one spouse to another. The purpose of alimony in Tennessee is to make an economically disadvantaged spouse's post-divorce standard of living comparable to either the standard of living that was enjoyed during the marriage or the post-divorce standard of living that the other spouse expects to enjoy.

 

To be eligible for alimony, spouses in all states must have been legally married. Alimony is usually based on a settlement agreement made between the spouses or the discretion of a judge. According to helpyourselfdivorce.com, courts in Tennessee may award several different types of alimony, including rehabilitative alimony, alimony in futuro (periodic alimony), transitional alimony, alimony in solido (lump sum alimony), or a combination thereof.  

 

  • Rehabilitative is the most commonly awarded type of alimony and may include payments for any education necessary for the recipient spouse to become self-supporting. It terminates upon the death of either spouse.
  • Alimony in futuro is paid regularly for an indefinite period of time or up until the death or remarriage of the recipient spouse. It may be increased, decreased, terminated, extended, or otherwise modified based on a showing of a substantial and material change in circumstances.
  • Transitional alimony is awarded for a specific amount of time to help an economically disadvantaged spouse adjust to the economic consequences of a divorce. It terminates upon the death of either party.
  • Alimony in solido is a form of long-term support. The total amount is calculated on the date the divorce decree is entered. Alimony in solido may be paid in installments if the payments are ordered over a definite period of time, and the sum of the alimony to be paid is ascertainable when awarded.
  • Tennessee courts may also order temporary alimony to be paid while the divorce is pending. Temporary alimony ends when the final divorce decree is entered.

 

The type and amount of alimony awarded depends on a variety of factors.  Tennessee law recommends that courts consider the following factors when awarding alimony:

 

  • Relative earning capacity, obligations, needs, and financial resources of each spouse
  • Relative education and training of each spouse
  • Duration of the marriage
  • Age and mental condition of each spouse
  • Physical condition of each spouse
  • Whether it is undesirable for a spouse to seek outside employment because that spouse will be the custodian of a minor child
  • Separate property of the spouses
  • Distribution of the marital property
  • Standard of living
  • Contributions to the marriage
  • Relative fault of each spouse
  • Tax consequences of the award

 

In the United States, alimony is treated differently tax wise from child support payments. In Tennessee, alimony is deductible for the person who pays it and taxable income for the person who receives it under the rules of the Internal Revenue Service, while child support is not. For a full explanation of divorce and alimony laws in Tennessee, go to lawyers.com.