What are Tennessee’s Laws Regarding Alimony?

Alimony is spousal support that is paid from one party to another who is either going through the divorce process or has already divorced. 15 grounds for divorce are recognized in the state:

• Irreconcilable differences
• Cruel and inhuman treatment
• Adultery
• Bigamy
• Inability to have children
• Desertion
• Infamous crime
• Felony
• Attempted spousal murder
• Refusal to move to Tennessee
• Pregnancy with another man’s child
• Indignities 
• Abandonment
• Two-year separation

According to the State of Tennessee, the court can decide matters of separate maintenance or alimony. The court is responsible for determining who, if either of the spouses, will receive alimony and the amount and length of time that payments will be made. 

Who Can Receive Alimony?

The party who proves to be “economically disadvantaged” compared to the alternate spouse can be granted alimony. The two considerations when awarding alimony are:

• The ability of one party to pay support to the other, and
• The need for support by one party over the other

What Factors Determine Alimony Payments?

In most cases, the “economically disadvantaged” spouse acts as the homemaker, while the other focuses on the family’s economic success. The state considers the homemaker’s intangible contributions to the marriage and chooses to award the spouse monetarily. Unlike child support, no specific formula is used to consider alimony amounts; instead, statutory factors are used to determine how much alimony will be awarded. Because so much is left to the judge’s discretion, the weight given to specific factors can vary heavily from case to case. Factors that outline the distribution and amount of support include:

• The past, present, and future earning capacity of each party
• The education and training of each party
• The duration of the marriage
• The age and mental capacity of each party
• The physical health of each party
• The need for either party to stay home after a divorce to care for small children
• The separate assets owned by each party that may be used to support each spouse
• The assets that are divided between both parties
• The established standard of living during the marriage
• The contribution to the standard of living of each party
• The reason for divorce
• The tax consequences of alimony
• The fault of either party for the breakdown of the marriage
• Any factors the judge believes are necessary

What are the Different Types of Alimony?

The type of alimony that will be awarded varies on a case-by-case basis. The four types of alimony recognized in Tennessee are:

• Rehabilitative alimony: This type of alimony is awarded to help the disadvantaged party achieve a standard of living comparable to the one enjoyed during the marriage. It typically involves the disadvantaged party pursuing a college degree or other professional training.
• Alimony in Futuro: Also known as periodic alimony, this is the classic form of spousal support in which one party makes payments of support and maintenance on an indefinite, long-term basis until criteria for modifying the arrangement are met. Due to recent tax changes, this type of alimony is now generally reserved for elderly or disabled recipients.
• Transitional alimony: Transitional alimony is awarded when the disadvantaged party requires assistance adjusting to the economic consequences of the divorce. It can be paid as a lump sum or broken into periodic payments until the total amount of support awarded has been paid, which signals the end of payments.
• Alimony in Solido: Also known as lump sum alimony, this type of support is similar to transitional alimony in that the overall amount is calculable when support is awarded and satisfied when the amount is paid. The key difference of this alimony is that it is not modifiable for any reason.

When Can an Alimony Order be Modified or Terminated?

Alimony payments can be adjusted or terminated due to any substantial change in circumstances by either party unless the alimony order specifically states that changes are not permitted. Reasons why a court may be adjusted or terminated include but are not limited to the following:

• The dependent party is unable to rehabilitate themselves
• The needs of the dependent party change
• Child support termination
• A change in income by either party
• Remarriage of either party
• Violation of the divorce decree by either party
• Sale of the family home
• Inheritance 

To modify an existing order, a motion to customize or end alimony must be filed with the local circuit court clerk’s office. The court will then schedule a hearing to verify the circumstances that require the adjustment. The change in circumstances must be substantial for a modification to be approved by a court. 

In the State of Tennessee, alimony will automatically end when:

• One party dies or
• A dependent spouse remarries

How Does Fault Affect Alimony?

Tennessee courts can assign blame for the failure of a marriage. Marital fault can include cheating, addiction to drugs or alcohol, physical or emotional abuse, and recklessly wasteful spending. Generally, fault is not heavily considered during divorces involving short-term marriages or marriages lasting seven years or less. Fault is heavily considered for longer-term marriages but is not meant to be punitive or used as punishment for the at-fault party. However, it is at the judge’s discretion to levy an alimony award based on the severity of the fault and the connection between the wrongdoing and the breakup of the union.

Do I Need an Attorney?

Alimony questions and allocation are important topics to discuss with a knowledgeable attorney. If you would like to discuss your options, please call Garner Law Firm, PLLC, today at 615-502-4336 or fill out a contact form for a free consultation.