Providing Clients With Aggressive Legal Representation For Alimony Related Issues
One of the most contentious issues surrounding divorce frequently revolves around alimony. Alimony, sometimes called spousal support, is a payment a person makes to their former spouse after a divorce. Alimony may be awarded to either spouse, depending on the circumstances that surround the divorce.
Due to the complex legal arguments that often arise between spouses when deciding if one should receive spousal maintenance, it is always best to hire a highly skilled lawyer to assist you. A family law attorney can review your situation and determine if alimony is appropriate.
If you need legal help settling an alimony issue, contact our law firm and ask to schedule a meeting with an experienced alimony attorney who can advise you of your rights.
What Types of Alimony Are Available Under Tennessee Law?
Tennessee has several different options when it comes to alimony payments. However, the court will thoroughly review the various factors involved in the case and determine what type, if any, alimony should be awarded.
The types of alimony that may be awarded in Tennessee include:
- Alimony in Solido: Often called lump sum alimony, this type of payment may be awarded to a spouse if the divorce action resulted in an inequitable settlement for one of the parties.
- Alimony in Futuro: Sometimes referred to as periodic alimony, alimony in futuro may be appropriate for an ex-spouse who ended up with significantly less than the other when the divorce was finalized. In many instances, alimony futuro is awarded to a spouse married for at least 20 years or longer.
- Rehabilitative alimony: Rehabilitative alimony is granted to a spouse who typically has been married for a short time period and needs financial support until they can finish their higher education or training to reenter the workforce.
- Transitional alimony: Transitional alimony is a payment granted to a spouse, so they have time to adjust to living independently.
It should be stated that, unlike other states, Tennessee typically does not award a former spouse permanent alimony. However, it may be considered if you were in a long-term marriage where you were the primary caregiver to the children and your spouse handled the financial responsibilities.
If you are still trying to determine what type of alimony you may be able to obtain, contact our Sumner County law office for more information.
Who is Eligible to Receive Alimony?
Tennessee law dictates that alimony must be paid when one spouse can pay their former spouse and that spouse requires support. However, if a spouse is self-supporting and does not need alimony and the other lacks the resources to pay, the court will not award spousal support.
Some individuals are unaware that the court may order one party to pay temporary spousal support until a divorce can be finalized. Temporary maintenance, or pendente lite support, can be a mutual decision between both parties and can be awarded by court order. Generally, temporary alimony terminates once the divorce details have been worked out or on a predetermined date.
The temporary maintenance payment is intended to prevent a higher-earning income spouse from using financial intimidation to force the lesser-earning spouse into a quick settlement.
If you want to learn more about who can be awarded temporary alimony or some other type of maintenance award, contact Garner Law Firm, PLLC of Sumner County, to schedule a consultation. A knowledgeable spousal support lawyer can gladly answer your questions and help you determine your financial needs.
What Factors Does the Court Use to Determine Alimony?
Tennessee courts use various factors to determine if an ex-husband or ex-wife should receive alimony and the duration of the payments.
Some of the factors the court uses to determine alimony payments include:
- The length of the marriage.
- The education level achieved by each party.
- The contributions each spouse made to the marriage.
- Financial resources and earning capacity of each spouse.
- The age and mental health of each spouse.
- The physical health of each spouse, including physical or mental disability.
- The financial obligations of the custodial parent of any children produced by the marriage.
- Division of marital property as well as their own separate property.
- The standard of living the couple enjoyed while married.
- Parental obligations such as needing to stay home to care for a disabled child or sending them to college.
Finally, when determining if an alimony payment is appropriate, the court may also consider any relative fault from either party, such as abandonment or domestic violence.
How Can Your Law Firm Assist Me With My Alimony Case?
If you need legal assistance with spousal support, you need an alimony lawyer who is not afraid to fight for your rights. Our law office can also assist you if you need a modification to an existing alimony payment due to financial changes such as remarriage or physical incapacitation.
Our legal team will act as your legal advocate to determine if you qualify for permanent spousal maintenance or some other type of support payment. Our experienced staff has comprehensive experience in helping clients win alimony payments and would be honored to assist you.
Garner Law Firm, PLLC of Sumner County, is dedicated to helping individuals obtain the financial resources they need after a divorce to begin the next chapter of their lives confidently. Regardless of whether you need temporary alimony or a longer-term spousal support payment, our legal professionals can help you with your legal needs.
Contact the law offices of Garner Law Firm, PLLC, located in Hendersonville, TN, by calling 615-502-4336 and ask to schedule a consultation to discuss your needs and learn how we may be able to assist you.