Alimony Laws in Tennessee: What Every Nashville Client Should Know

by with No Comment Alimony

Divorce is never simple; emotionally, psychologically or even financially. Once a marriage is terminated, one of the most significant matters that couples have to deal with is whether one of the spouses will have to support the other financially. This assistance is referred to as spousal support or alimony. The knowledge of how alimony works and what can be taken into consideration by the courts in Tennessee may help you make the right decision and secure your future.

It does not matter whether you need help or have to protect yourself against some claim, a professional divorce attorney in Nashville at the Law Office of Roland T. Hairston and Associates will make sure that your rights are guaranteed as well as your financial interests are supported and secured.

Understanding Alimony Under Tennessee Law

The term alimony denotes payments of money between two spouses in a court as a result of divorce or legal separation. It is mainly done to minimize unjust economic impacts that divorce has on the shoulders of the spouse who earns less or those who lose chances of pursuing a career in the course of the marriage.

In Tennessee, alimony is not always given by the courts. Rather, judges will scrutinize the events surrounding the couple in order to determine whether the recipient spouse should be supported or not. Among the most widespread ones are:

  • The length of the marriage.
  • The standard of living established during the marriage.
  • The earning power, education and the employment background of each spouse
  • Homemaking and raising children.
  • The age and physical or mental health of each spouse.
  • The need for financial support versus the ability to pay.

The Four Types of Alimony in Tennessee

  • Rehabilitative Alimony- This type of maintenance assists a spouse to become self-reliant following divorce usually by education or job training. 
  • Transitional Alimony – Transitional alimony is a temporary support that is given to a recipient as he or she settles in the new life after the divorce. 
  • Alimony in Futuro – This form of alimony, as it is also called, is a continuing type of alimony, which persists until some significant event in life takes place, which includes: remarriage or retirement. 
  • Alimony in Solido – This refers to a specific amount which can either be made in one installment or through a series of payments.

All forms of alimony have a varying purpose and the final selection depends on your financial intentions and marital background. An experienced divorce lawyer in Nashville can look at your case and ensure that the kind of support that is given to you is in line with your long term needs.

How Tennessee Courts Determine Alimony Amounts

Tennessee does not have a strict formula of calculating alimony. Rather, discretion is applied by the court depending on the facts of the case. The judges consider the financial assets of both parties, their liabilities, and incomes. They can also consider whether one of the spouses financed the education or a career promotion of the other and how much time it can take the receiving spouse to become financially independent.

In other instances, one of the spouses can claim that he or she is unable to afford the payment whereas the other spouse will say that he/she is unable to live at a reasonable standard without the help. It is at this point that the support of an experienced divorce lawyer in Nashville holds importance. An attorney is able to introduce evidence concerning income, lifestyle, and expenses to make the result fair and balanced.

Modifying or Terminating Alimony in Tennessee

Temporary cases are not always permanent alimony orders. One has to file a formal request in the court to change or cancel alimony and evidence of altered circumstances is needed. Any effort made to make alteration to payments without a court order may attract legal sanctions. After engaging the services of a reliable divorce attorney in Nashville, any modification request can be addressed accordingly and in a legal manner.

The Importance of Professional Legal Guidance

Alimony may be long term with a financial implication on both parties. In the absence of a lawyer, you may accept an unreasonable settlement or fail to get the financial compensation you deserve. Each situation is unique, and even minor factors, like the length of marriage or how taxes relate to it, can make a great difference.

We do not have an impersonal approach to each case at Roland Hairston and Associates. Your own circumstances are analyzed, sensible recommendations are given, and a powerful case strategy is developed by our team. We take care of the negotiation and mediation process down to the courtroom cases, and we always care about your financial safety and tranquility.

Why Choose Roland Hairston & Associates

The difference between winning and losing your divorce case lies in the selection of the appropriate legal team. Roland Hairston and Associates  is committed to ensuring that the clients in Nashville know their rights according to the Tennessee law. We mix profound legal experience with understanding and empathy in that every client feels assisted in the process.

When you are battling to get just alimony or secure your assets, we are with you every step of the way. 

A Primer on the 4 Types of Alimony in Tennessee

by Alimony

Tennessee was admitted to the union in 1796. By 1799 there was already Tennessee case law about alimony! It just goes to show that there has always been and continues to be a need for Tennessee courts to decide whether, for how long and in what amount, spousal support should be paid. 

1. Alimony In Solido – This form of alimony is a defined amount which can be paid in a lump sum or in installments. It is not subject to modification even if the obligor dies. 

2. Rehabilitative Alimony – This form of alimony is designed to assist an economically disadvantaged spouse to achieve, with some type of reasonable effort, an earning capacity that will permit the economically disadvantaged spouse to have a reasonably comparable standard of living as what they enjoyed during the marriage. It can be modified upon a showing of a substantial and material change of circumstances. It terminates upon the expiration of the Court’s order or the death of the recipient or payor.

3. Transitional Alimony – When the Court finds that the economically disadvantaged spouse doesn’t need money for education or rehabilitation—but simply needs a bridge to help them adjust to the economic realities following their divorce—the Court will consider awarding alimony for a definite period of time. Transitional alimony is non-modifiable and terminates at the death of the recipient or payor. 

4. Alimony In Futuro – When the Court finds that economic rehabilitation is not feasible then the Court can award alimony until a.) one of the spouses dies or b.) the alimony awardee’s situation changes such that alimony is no longer appropriate or necessary. For example, if the awardee remarries or cohabitates with a romantic partner, alimony may be terminated. Alimony in futuro is always modifiable upon a substantial, material change in circumstances. 

Interestingly, lawyers once believed that alimony awards had to fit neatly within the descriptions set forth in the statute, however, recent opinions such as Deluca v. Schumacher (Tenn. App. 2020) have made it clear that the Court will enforce valid contract provisions even when they fly afield of typical understandings of alimony so caveat emptor, or “let the buyer beware.” 

If you are in need of alimony or anticipate being asked to pay alimony, you should definitely schedule an appointment with our legal team to make sure your future is secured.