How Alimony Awards Work in Tennessee Divorce Law

How Alimony Awards Work in Tennessee Law

It seems that we have all heard the story about a family member or friend who has been through a divorce and came out the other side in a financial hole. While the repercussions of a divorce that isn’t handled properly can last for years to come, an experienced attorney can help you navigate the murky waters of the family court system and help you to come out the other side safely.

Alimony is a big part of the financial picture for a couple going through a divorce. Whether you were part of a single income family or a dual income family is irrelevant, protecting your financial wellbeing and standard of living is a difficult but important task. In Tennessee there are four types of alimony that can be awarded during a divorce or legal separation. These four types are: 1) Rehabilitative Alimony; 2) Alimony in Futuro (also known as Periodic Alimony); 3) Transitional Alimony and 4) Alimony in Solido (also known as Lump Sum Alimony).

Rehabilitative Alimony

The courts will award Rehabilitative Alimony to the economically disadvantaged spouse to give them an opportunity to improve their economic situation with the financial assistance of the former spouse. The court may award money to assist with education costs, testing fees or other financial assistance while he or she is pursuing a new job or promotion.

Alimony in Futuro / Periodic Alimony

Alimony in Futuro also called Periodic Alimony is awarded less and less but is still used by the courts when addressing long marriages or occasionally in special circumstances. Periodic Alimony allows the recipient to receive financial support for the duration of their natural life (so long as they do not remarry or cohabitate with a person of the opposite sex) or the life of their former spouse.

Transitional Alimony

Transitional Alimony is awarded when the court finds that the disadvantaged spouse needs financial assistance while transitioning to life as a single person. This award can be modified in three instances 1) if the parties agree; 2) if the court modifies the divorce decree; or 3) if the recipient lives with or marries another person.

Alimony in Solido / Lump Sum Alimony

Alimony in Solido is a lump sum award by the court paid by one spouse to the other. This type of award may be used in the division of assets when one person doesn’t have sufficient cash to buy out the other spouse’s interest in an asset but the asset (a home for example) has a fixed value. In the case of a home the spouse retaining the interest in the home owes the other a fixed amount and the alimony payments end when the agreed upon amount has been paid in full.

Because every relationship is different, there is no single test for determining what types of alimony (if any) are appropriate. The assistance of an experienced Tennessee lawyer can help you determine what types of alimony may be appropriate in your situation and can often help you reach an agreement with your former spouse. If you are not able to reach an agreement and the courts are forced to make the difficult determination of whether or not to award Alimony and what type to award, they will look at several factors including:

1. The length of the marriage
2. The age of the parties
3. Whether or not there was a valid prenuptial agreement in place
4. The mental and physical health of the parties
5. The earning capacity, financial obligations and needs of each party
6. The education, training and work experience of each party
7. Whether there are minor children as a result of the marriage that require care which would make it undesirable for one parent to work outside of the home.
8. The separate property of each party
9. The relative fault of the parties with respect to the failure of the marriage (if the divorce is granted under one of the “fault” grounds provided by Tennessee law)

As you can see, the differences between the four types of alimony along with the balancing the courts must do makes having an attorney throughout your divorce so important. A local and educated family law attorney can insure, when possible, that you maintain your standard of living and can meet your financial obligations after a divorce. To learn more, see answers to our Tennessee Alimony Frequently Asked Questions.  Also, read more about Tennessee alimony in our Tennessee Family Law Blog including case summaries sorted by length of marriage.