When a Tennessee marriage ends, the financial consequences of divorce can be significant. In some cases, one spouse may be ordered to provide financial support to the other by paying alimony. Tennessee law recognizes several forms of alimony, and the type awarded can affect how long payments continue, whether they can be changed, and what happens if circumstances change. Understanding the difference between alimony in solido and alimony in futuro is particularly important when negotiating or litigating spousal support.
If you are going through a divorce, continue reading this article about alimony n Tennessee. Additionally, always consult with a Tennessee divorce attorney so you can best be prepared for the legal and financial issues ahead.
What is Alimony in Tennessee?
Alimony in Tennessee, also known as spousal support, is financial support that one spouse may be required to pay the other in a divorce or legal separation,. It is intended to address economic disparity between spouses rather than punish either party. Tennessee courts evaluate each case individually and the family law judge has significant discretion in determining whether support is appropriate.
Under Tennessee Code Annotated § 36-5-121, courts consider several factors in determining if alimony is awards, including: each spouse’s income, earning capacity, financial needs, education, age, health, the length of the marriage, marital contributions, separate assets, property division, and the standard of living during the marriage. The disadvantaged spouse’s need and the other spouse’s ability to pay are also important considerations.
Who Can Be Awarded Alimony in Tennessee?
Any spouse is allowed to request alimony, but support is not automatically awarded. Tennessee recognizes four forms: rehabilitative alimony, alimony in futuro, transitional alimony, and alimony in solido. Generally, Tennessee law favors helping an economically disadvantaged spouse become self-sufficient when reasonably possible.
Rehabilitative and transitional alimony are designed to provide shorter-term assistance to help a spouse get back on their feet after a divorce It is temporary help to give a person financial assistance until they become self-sufficient through education, training, or career development. Alimony in futuro and in solido, in contrast, can provide longer-term financial relief.
Difference Between Alimony in Solido vs. Alimony in Futuro
Alimony in Solido is a definite, calculable award established when the divorce decree is entered. It may be paid as one lump sum or in installments over a specified period. It can be used to provide support, address an equitable division of marital property, or cover attorney fees. Unlike other forms of support, a final in-solido award is definite, and generally cannot be modified and does not automatically end if either spouse dies or the recipient remarries.
Alimony in future is intended to provide long-term support when the disadvantaged spouse cannot become financially self-sufficient. This may be because the ex-spouse is elderly, disabled, sick, or otherwise not physically or mentally able to work and earn a livable and sustainable wage. While it is long term, Alimony in future ends upon the recipient’s death or remarriage. Living with a third person may also trigger a reason to terminate the payments. Unlike in-solido alimony, it can be modified when there is a substantial and material change in circumstances.
Does Alimony Last Forever?
The duration for alimony depends on the type of award and the language of the divorce decree. Rehabilitative and transitional alimony have defined periods. In-futuro support, on the other hand, may continue for many years, subject to statutory termination and modification rules. In-solido alimony is usually also long-term and remains fixed once awarded unless the parties agree otherwise.
As the Tennessee rules governing modification differ, anyone seeking to change or end their spousal support should review the original order and current circumstances with a Tennessee family law attorney to determine the merits of possibly modification or termination case.
Speak With a Tennessee Alimony Attorney
Divorce is complicated and alimony issues can arise even long after a divorce degree. Alimony can have a significant impact on your financial future, whether you are seeking support or being asked to pay it. At J. Ryan Johnson Law, based in Nashville, our top-rated attorneys can help you understand your rights, evaluate your circumstances, and pursue a fair outcome in your divorce or spousal-support matter.
If you have concerns about alimony in Tennessee, contact J. Ryan Johnson Law today to discuss your alimony case and learn how experienced family-law representation can help protect your financial future.