How to Receive Alimony in Tennessee

Alimony, or spousal support, is a court-ordered provision of financial support to a spouse after a divorce. Alimony laws depend considerably from state to state, and courts often have significant flexibility on a case-by-case basis in determining whether to grant alimony, how much alimony to award, and how long alimony payments will continue.

How Does Alimony Operate in Tennessee?

In Tennessee, during any action for divorce or legal separation, the court may award alimony for being paid by one spouse to or for the other’s benefit, or out of either spouse’s property, depending on the circumstances of the case and the parties involved. There are several factors the court will evaluate when deciding on alimony payments.

Furthermore, if the spouse seeking alimony lacks sufficient property, money, and possessions to provide for their reasonable needs, they may file for an alimony order. Other requirements include the following: if the spouse cannot be self-sufficient through their attainable employment or in the custody of a child of the age or condition, the spouse with custody cannot maintain employment outside the home or lacks the skills to earn enough to be self-sufficient.

Moreover, alimony is granted an amount and a length of time that the court judges to be fair, without considering marital misconduct, after considering all relevant factors. Factors that the court reviews
include:

• Standard of living established during the relationship and marriage;
• The duration of the marriage;
• The age; and
• Employment and earning ability include the physical and emotional condition of the spouse seeking assistance.

Furthermore, the reverse is true of the spouse from whom assistance is being sought. The above specifications also consider their ability to maintain their living standards while making payments. Additionally, both spouses’ financial resources and abilities are compared when considering all other requirements. Any contribution the spouse seeking assistance has made to the other spouse’s earning ability while married is heavily weighed, such as if the spouse requesting alimony had stayed home to care for their children while the other worked.

Moreover, in some cases, if the spouse seeking assistance is working to receive an education so that their earning ability can meet the required standards, the length of time this education would require is considered. Lastly, the court will consider other variables relevant to the case. If both spouses agree on the conditions of the divorce and alimony, the order may state that the terms shall not be modified. Ultimately, the final decision is upon the court and judge overseeing the case.

Is There a List of Statutory Factors For Calculating Alimony?

The Marital Laws Website further defines a list of factors utilized in statutory law in Tennessee that is legally mandated to be considered by a judge when determining alimony payments. These factors may be directly connected to the alimony calculation formula. Tennessee considers marital fault when deciding alimony payments. This means that “at-fault” divorces, which may be caused by infidelity or adultery, abuse, etc., can result in the at-fault party paying more “punitive” alimony.

Moreover, the standard of living is weighed when calculating alimony payments in Tennessee. This implies that a judge will consider the lifestyle lived by the alimony-receiving spouse during the duration of the marriage when determining an appropriate alimony payment amount. The judge in the state of Tennessee considers custodial status when determining alimony payments. This means that alimony calculations are impacted by whether or not the receiving spouse has custody of the children, and custodial spouses may receive higher alimony payments.

How is Alimony Calculated in Tennessee?

Alimony calculation is generally done on a case-by-case basis by the Tennessee family court judge responsible for the case. While some states have a fixed alimony calculation formula, in most situations, the final amount and duration of alimony granted (if alimony is awarded) are at the judge’s discretion.

How Long Must Alimony be Paid?

A judge determines the duration of payments in Tennessee family court in most cases. Alimony length is generally based on the length of the marriage; one commonly used standard for alimony duration is that one year is paid every three years of marriage. Alimony may also be discontinued upon the remarriage or cohabitation of the receiving spouse. In some cases, judges may even grant permanent alimony.

If alimony is unpaid, the owed debt is referred to as alimony arrears. Arrears can be collected through mediation, small claims court, or wage garnishment. Failure to comply with a court-issued spousal support order may also result in a contempt of court charge against the spouse who failed to pay owed alimony.

What Types of Alimony are Available in Tennessee?

Generally speaking, Tennessee has four types of alimony. The first one is rehabilitative alimony, and the judge may award you rehabilitative alimony to help you get to the point where you can have the same standard of living that you had during your marriage.

Second, the judge may award you periodic alimony on a long-term basis if there is a big difference between your and your spouse’s income, and even with effort, you would be unable to have the same standard of living you had during the marriage. Periodic alimony ends on the date the judge sets or if you remarry or die.

The third is transitional alimony, awarded for a specific period to help you adjust to divorce or separation. Transitional alimony cannot be changed unless:

• You and your spouse agree to a change in the original court order;
• The judge orders that the alimony award can be changed in the original court order;
• You live with someone else (a “third-party”); and
• If you live with a third party, the judge will assume, but you can present evidence otherwise, that the third party is either supporting you or you are supporting the third party, and therefore you do not need the same amount of alimony.

Furthermore, lump sum alimony is ordered for a long-term, specific period to provide you with financial support. It can be paid all at once (in a “lump sum”) or broken up into installments, which are paid out over time. This form of alimony aims to provide financial support to a spouse, to enable the court to fairly (equitably) divide and distribute marital property, or both.

Lastly, if the judge orders your spouse to pay your attorney’s fees and expenses for the divorce proceeding, the judge can include those fees in the lump sum alimony. Lump sum alimony can only be altered if you and your spouse agree to a change.

When Do I Need to Contact a Lawyer?

If you are residing in the state of Tennessee and have issues with receiving alimony, you can seek a local Tennessee alimony lawyer in your area to assist you with your case and guide you through the process. There are different options available for receiving alimony, and each case is going to be different.

An attorney near you can provide you with legal advice, guidance, and representation to ensure your legal rights are protected throughout the process. Also, if there are any significant changes to Tennessee alimony laws, your attorney can keep you informed of any updates that might affect your legal options.