Fayette County, Tennessee Transitional Alimony, No Rehab Necessary
Tennessee’s Transitional Alimomy
For the Fayette County, Tennessee spouse who considers divorce, the possibility of transitional alimony is worthy of discussion with a knowledgeable Tennessee divorce attorney.
This is the last installment in a four-part series about our state’s alimony law. We’ve taken on each of the following support awards codified in T.C.A. § 36-5-121:
1. Alimony in Futuro (Periodic Alimony)
2. Alimony in Solido (Lump Sum Alimony)
3. Rehabilitative Alimony
4. Transitional Alimony
If you still have unanswered questions about spousal support, take a moment to read about Tennessee Alimony Law in Divorce | Answers to FAQs.
#4. Why Transitional Alimony?
Divorce can have a profound financial impact on one’s lifestyle. Transitional alimony helps soften the blow, at least for a set period of time.
The spouse’s financial need for support is an important factor in the court’s decision, but not everyone who is economically disadvantaged will receive transitional alimony. If rehabilitation is needed to assist the divorced party in becoming financially independent, then transitional alimony is unavailable.
Someone with a college degree, for instance, may still be at an economic disadvantage when compared to the other spouse. But if he or she can become financially independent without rehabilitation, then transitional alimony may be available for a term while the recipient-spouse adjusts to the financial repercussions of divorce.
If the Fayette County couple was accustomed to living on two incomes prior to the divorce, as so many are, then adjusting to a one-income lifestyle can take some getting used to. Reduced income requires careful budgeting and a more frugal lifestyle, even if it’s only temporary. The cost of moving, renting an apartment, furnishing the home, and purchasing and fueling a new vehicle can overwhelm a limited budget, and right on the heels of divorce.
Transitional Alimony May Be Awarded for Years
This form of alimony can be awarded for a period of many years and may terminate upon the recipient’s remarriage. Assume, for the sake of example, that our Fayette County husband’s income is $150,000.00 per year and the wife, who works part time as a life coach, earns $35,000.00 per year. She already has the skills and training to continue her work and does not need rehabilitating. However, she is clearly the financially disadvantaged spouse. After considering all of the relevant factors in the case, the court could order the payment of transitional alimony for a year, five years, or even longer.
Example of Transitional Alimony. Here is a brief case example involving an award of transitional alimony in a marriage that lasted eight years:
$1,540/Mo. for 24 Mos. Transitional Alimony to TN Wife 8 Years Married
Modifying Transitional Alimony Awards
Unless there is language to the contrary, transitional alimony begins at the time of the divorce and continues for specified term. The support will terminate earlier in the event of the recipient’s or obligor’s death. Also, the court may include a condition that terminates alimony in the event the recipient remarries.
Transitional alimony could be modified if the recipient-spouse cohabits with someone else who, presumably, contributes to their living expenses. Otherwise, the parties’ agreement to allow modification must be incorporated into the court’s initial order of divorce.
Seek Representation from a Fayette County Divorce Attorney
Fayette County divorce attorney, Miles Mason, Sr., practices family law exclusively and is founder of the Miles Mason Family Law Group, PLC. Check out The Tennessee Divorce Client’s Handbook: What Every Divorcing Spouse Needs to Know, now available on Amazon and Kindle. To schedule your confidential consultation, call us today at (901) 683-1850.
