How is alimony calculated in Tennessee?
Tennessee courts determine alimony by applying statutory factors under Tennessee Code Annotated § 36-5-121. In any action for divorce, legal separation or separate maintenance, the court may award alimony to be paid by one spouse to or for the benefit of the other, or out of either spouse’s property, according to the nature of the case and the circumstances of the parties.
If you are considering divorce in Tennessee, it is important to understand the applicability of these factors to your financial future.
Determining an Award of Alimony
When determining an award of alimony, Tennessee courts look to many factors including: the length of the marriage, the standard of living of the parties during the marriage, the education and training of each party, whether one spouse is financially disadvantaged, the current earning capacity of each party, the future earning capacity of each party, the division of marital assets, the separate assets of each party, and the relative fault of each party.
Every case has its own complexities and issues to be resolved. It’s important to have an experienced Tennessee attorney by your side, particularly when negotiating alimony.
Types of Spousal Support
Under Tenn. Code Ann. § 36-5-121(d), Tennessee recognizes four types of spousal support. The court must decide both whether alimony is appropriate, which type fits the circumstances, and the duration of such award.
Rehabilitative Alimony
Rehabilitative alimony is designated to help a spouse obtain education or job training, re-enter the workforce, or increase earning capacity. For example, if one spouse paused a career to raise children during a 12-year marriage, the court may award support for a defined period so that spouse can complete training and become self-sufficient. The Courts prefer for a spouse to be rehabilitated whenever possible, but this not always feasible.
Transitional Alimony
Transitional alimony applies when rehabilitation is not necessary, but financial support is appropriate for the financially disadvantaged spouse. Transitional alimony allows adjustment for a period of time to post-divorce life. Transitional alimony shall be nonmodifiable unless, specified by the parties or the Court, or the alimony recipient lives with a third person and there is a rebuttable presumption raised that the alimony recipient no longer needs the support. This is a fact intensive analysis by the Court.
Alimony in Futuro
Alimony in futuro, also known as periodic alimony, is ongoing support, typically awarded in long-term marriages where rehabilitation is not practical. This type of alimony is modifiable upon a showing of a substantial and material change in circumstances.
Alimony in Solido
Alimony in solido is a fixed amount either paid in a lump sum or over a defined period. This type of alimony functions more like property division and is generally non-modifiable, and may be paid in installments if the payments are ordered over a specific period of time.
There are many other factors that may be examined when determining which alimony award is most appropriate for your situation. When navigating a divorce in Tennessee, it is important to have legal representation to advise on the proper award of alimony when negotiating settlement terms.
The Statutory Factors Courts Must Evaluate
Under Tenn. Code Ann. § 36-5-121(i), courts must consider multiple factors to properly establish alimony. The full statutory considerations include:
- Economic disadvantage
- Ability to pay and Need of Alimony recipient
- Relative earning capacity and financial resources
- Education and training
- Duration of the marriage
- Age and physical condition
- Standard of living established during the marriage
- Contributions as wage earner or homemaker
- Separate property
- Property division awarded
- Relative fault (when appropriate)
- Any other equitable factors
Our attorneys are experienced in providing representation to our clients that fights for the best result possible.
Tennessee Divorce Law
While Tennessee law applies statewide, local courtroom practice matters. East Tennessee Judges expect detailed income and expense statements, require detailed evidence of the lifestyle during the marriage, consider credibility of the parties, and require parties to always provide accurate factual information through timely procedural processes. Proper preparation can dramatically influence outcomes — whether negotiating or litigating. It is essential to have experienced attorneys on your side through this process.
If you are facing divorce in East Tennessee, consulting with an experienced Knoxville divorce attorney can help you.