What disqualifies you from alimony in Tennessee?

Tennessee courts have two main reasons for disqualifying a spouse from receiving alimony in a divorce.

Reason 1: The spouse has no genuine need for alimony.

Reason 2. The supporting spouse has no reasonable ability to pay alimony.

The court should not award alimony to a spouse who has not proved any need for it. So, the question is, are you prepared to prove your need for alimony?

A spouse’s need is determined by looking at that person’s earning capacity, earnings history, sources of income (including child support), social security, age, passive income from investments, and other financial resources.

Next, the court determines the spouse’s reasonable expenses. Reasonable expenses are based on the couple’s lifestyle during the marriage and the expected lifestyle of the supporting spouse.

The court should not award alimony when a supporting spouse lacks the ability to pay it. Are you prepared to prove your spouse has the financial wherewithal to pay alimony?

Experienced family lawyers will conduct research to find legal precedent from Tennessee case law. Past cases may bolster an argument suggesting alimony should not be paid.

To prove the lack of need or lack of ability to pay, many spouses consider engaging a forensic accountant to conduct a “lifestyle analysis.” After analyzing the financial considerations and relevant factors involved, the forensic accountant will issue an opinion – the lifestyle analysis. (A number of pages and videos on MemphisDivorce.com discuss this tool.)

The two primary reasons for denying spousal support are further analyzed by application of alimony type. We begin by asking a few “Yes” or “No” questions.

Will alimony need to be paid when the parties’ income and assets closely aligned?

Discovery in divorce requires disclosure of each spouse’s income and assets, among other things. Are the spouses’ earnings and ownership interests (their relative wealth) nearly the same? If “Yes,” then a court will most likely decline to award alimony to one party. If the answer is “No,” then the court may order spousal support, such as transitional alimony or alimony in futuro.

Does a spouse need support in order to return to the workforce?

If “Yes,” then the court may award alimony for a fixed period. This is characterized as rehabilitative alimony.  Rehabilitative alimony helps a spouse become financially independent after a divorce giving the spouse an opportunity for education, training, or work experience.

A supporting spouse will not be ordered to pay rehabilitative alimony to a spouse who has legitimate reasons for not returning to work post-divorce. For example, the supported spouse is already at full retirement age. Another form of alimony may be more suitable.

Setting up a separate household can significantly drain finances. Does the spouse need support to transition into single life?

What disqualifies you from alimony in Tennessee?

If “Yes,” then the court may order transitional alimony in lieu of rehab alimony. If the answer is “No,” then support for this purpose is unlikely to be awarded.

Both parties should know what the court expects to learn about their alimony needs, their incomes, and their resources. There is more to it, though.

TENNESSEE ALIMONY FACTORS MATTER CONSIDERABLY IN DETERMINING SPOUSAL SUPPORT AWARDS.

Tennessee law also has a detailed list of alimony factors, statutory factors that the court must consider when determining alimony. We start with the marriage.

How long were the spouses married?

Support awards in general tend to be lower in amount and shorter in duration for short-term marriages. Tennessee courts consider any marriage of seven years or less to be short-term. Not every short-term marriage will result in less alimony. Talk to your attorney.

Can alimony be used to punish a spouse for cheating?

No. The courts are directed not to be punitive in awarding alimony. However, a court may consider marital fault, such as adultery or spousal abuse.

Will alimony in solido be part of the spouses’ property division?

Yes, alimony in solido, also known as lump sum alimony, is considered part of the spouses’ property division in a divorce, as it is a specific amount of money awarded to balance out an uneven distribution of marital assets, essentially acting as a final adjustment to the property settlement.  It is a definite sum of money paid in a lump sum or in installments over time to adjust distribution of marital property in Tennessee divorce.

Parties sometimes include an award of alimony in solido (a.k.a. lump sum alimony) in their property settlement agreement. This type of alimony is frequently given in exchange for some other asset. For example, the spouses have an equal interest in the marital home valued at $1,000,000. Per agreement, the wife will get the home free and clear. In exchange, the husband will receive alimony in solido of $500,000 payable over several years.

Was a request for alimony omitted from the complaint for divorce or amendment thereto?

In Tennessee, even if it was a DIY divorce mistake, the opportunity for alimony may be lost. Alimony must be requested and ordered in the divorce. The reason is jurisdictional. The court’s jurisdiction over divorce proceedings comes to an end with the entry of the decree. Tennessee courts, therefore, lack legal authority to entertain post-decree requests for alimony. Do not wait to consult an experienced Tennessee family lawyer. The door to alimony closes with the divorce decree.

To learn more, visit How is alimony decided in Tennessee?