Your Tennessee Divorce May Include Rehabilitative Alimony
Tennessee’s Rehabilitative Alimony
With every Collierville TN divorce there is the possibility that rehabilitative alimony for temporary spousal support and maintenance may be awarded.
If you’ve been following closely, then you know that this is the third installment in a four-part discussion about the law of Tennessee alimony. The four types of spousal support covered include:
1. Alimony in Futuro (Periodic Alimony)
2. Alimony in Solido (Lump Sum Alimony)
3. Rehabilitative Alimony
4. Transitional Alimony
The first question to be asked today is…
#3. Why Rehabilitative Alimony?
Under what circumstances should the court award rehabilitative alimony in a Collierville divorce?
First, this type of support is intended to help the spouse who is the economically disadvantaged party when compared to the other spouse. T.C.A. § 36-5-121. Second, rehabilitation means providing much needed financial assistance while the recipient-spouse focuses on bettering his or her marketable skills. This is all for the purpose of increasing long-term earnings and becoming financially independent.
Helping Spouses Improve Employment Skills
Rehabilitative alimony encourages the recipient to achieve and move forward after the divorce. A nudge in the direction of self-sufficiency, if you will, so the spouse has meaningful opportunities to earn more money, entertain more career options, or both.
When receiving temporary alimony, the spouse is freed to concentrate less on covering the rent and more on broadening employment skills. In this way, rehabilitative alimony represents an incentive, perhaps to complete a university degree or finish a vocational trade program, leading to a preferable, reliable income stream.
When awarded, this alimony will be for a specific purpose to be accomplished within a certain time frame, such as obtaining a bachelor’s degree from the University of Memphis within four years.
With financial independence as the objective, Collierville divorce attorneys often see a need for rehabilitative alimony in marriages of five years or less, or when the recipient is of working age and can be trained. Such training could require tuition at a community college or continuing education to renew a license.
Example of Rehabilitative Alimony. Here is an example of an award of rehabilitative alimony to a spouse after 14 years of marriage:
Tennessee Wife of 14 Years Gets Rehabilitative Alimony $1,500 for 5 years
Modifying Rehabilitative Alimony after Substantial, Material Change
Because it is goal-oriented, rehabilitative alimony typically terminates at the end of a specified period of time when the training or coursework should be completed. However, it will also terminate upon the death of the obligor or the recipient.
When circumstances substantially and materially change, the amount and duration of the award may be modified. The court may modify arrearages as well as future payments, and may even order an extension if the facts of the case warrant doing so. (Say, for example, the spouse needs another year’s support to complete a master’s degree program at the U of M.)
After the divorce is final, improving one’s employment skills while receiving financial assistance can result in a much higher standard of living for the economically disadvantaged party. Ideally, the rehabilitated spouse may achieve an independent standard of living similar to what was enjoyed during the marriage, or better.
We continue this four-part series with a post highlighting transitional alimony.
Will Alimony Be Awarded in Your Tennessee Divorce?
A Collierville divorce lawyer from the Miles Mason Family Law Group can help you through the legal challenges of divorce. To schedule your confidential consultation, call us today at (901) 683-1850. To learn more about alimony, read our Tennessee Alimony Law in Divorce | Answers to FAQs. For legal updates, news, analysis, and commentary on any number of divorce topics, visit our Tennessee Family Law Blog (you’ll find even more information in the Alimony category).
