Divorce can bring major financial uncertainty, especially when one spouse has relied on the other spouse for income and financial support during the marriage. In Tennessee, alimony, also known as spousal support, is designed to address economic imbalance and promote fairness after divorce or legal separation. Understanding the types of alimony available under Tennessee law and the legal and the circumstances under which that support may later be modified or terminated is essential for anyone navigating divorce in the state. Additionally, always consult with a Tennessee divorce attorney when you are going through any spousal support issues.
Alimony in Tennessee
Alimony in Tennessee, also known as spousal support, is financial assistance that one spouse may be court ordered to pay the other after a divorce or legal separation. Courts may award alimony when one spouse is economically disadvantaged compared to the other. The purpose is not to punish either party, but rather to even out the financial discrepancy and to promote fairness following divorce. Under Tennessee law, courts consider spousal support on a case by case basis, looking at the unique circumstances of every divorce case. When possible, the goal is to allow the economically disadvantaged spouse to maintain a standard of living that they enjoyed during the marriage.
Types of Alimony Awarded in Tennessee
Tennessee courts may award four types of alimony:
Rehabilitative Alimony
Rehabilitative alimony is the most common type of spousal support. It is temporary support intended to help a spouse while they “get on their feet” after a divorce. It helps give a person financial assistance until they become self-sufficient through education, training, or career development.
Alimony in Futuro
Alimony in Futuro is a type of long-term alimony that may be awarded when rehabilitation is not feasible. This may be awarded after long-term marriages, or in situations where a spouse is elderly, disabled, or otherwise not capable or returning to the workforce and able to earn a livable wage.
Transitional Alimony
Divorce can take a financial toll on a person, and transitional alimony in Tennessee is short-term spousal support designed to help a disadvantaged spouse adjust to the financial impact of divorce. Unlike rehabilitative alimony, it is not intended to fund education or job training but is only awarded for a short time. It is generally not modifiable, meaning it typically cannot be changed. However, modification or termination may occur if recipient remarries or cohabitates with a third person.
Alimony in Solido
Alimony in Solido is a lump sum/ fixed amount awarded, usually in single payment. It is often awarded to address property division or attorney’s fees. After this lump sum is paid out, their financial obligation is fulfilled by the spouse.
How and When Can Alimony be Changed or Terminated?
Alimony in Tennessee can be either modifiable or non-modifiable, depending on the type awarded. Rehabilitative alimony may be increased, decreased, or even terminated if there is a substantial and material change in circumstances, such as serious illness, job loss, or significant change in income. Alimony in Futuro can also be modified when substantial changes occur, or when the recipient remarries or begins living with a third party, allowing the court to change or terminate support. Transitional alimony is generally non-modifiable as it is short-term. Alimony in Solido, which is a fixed lump sum payment, is not modifiable once ordered and can only be changed by agreement of the parties.
To modify or terminate alimony, a party must file a formal petition with the court that issued the original divorce decree, demonstrating a substantial and material change in circumstances. The court reviews the evidence and, if the legal standard is met, has the authority to modify or terminate the alimony obligation. Always seek the guidance of an experienced spousal support attorney when dealing with a modification or termination case.
Seek Help From a Tennessee Alimony Lawyer
Choosing the right attorney is crucial when navigating alimony challenges in Tennessee. Alimony, or spousal support, is determined on a case-by-case basis, considering the unique circumstances of each party. If your situation has changed, an experienced Tennessee family law attorney from J. Ryan Law can help you seek a modification or termination of spousal support. Contact us today to schedule a consultation
