What Is Alimony in Solido in Tennessee Divorce Law?
- At March 24, 2014
- By Miles Mason
- In Alimony
- 0
Alimony in solido is an important type of financial support in Tennessee divorce law. One that may serve as long-term support for a spouse, as well as a marital property settlement.
In addition to in solido support, Tennessee law allows for three other types of alimony: rehabilitative, transitional, and in futuro (or periodic alimony). Each form of spousal support serves a specified purpose for the less-propertied spouse who receives the award. To prepare for your divorce, educate yourself on these financial ins-and-outs by reading about Tennessee Alimony Law in Divorce | Answers to FAQs.
With every recipient of alimony there is an obligor. No matter which side of the equation you find yourself on (just ask John Cleese), you should understand in what circumstances alimony may be awarded. Take a few minutes now to watch two informative videos on Tennessee alimony strategy and alimony modification by Memphis family lawyer Miles Mason, Sr.
Introducing Tennessee’s Lump Sum Alimony
If you have heard talk of “lump sum alimony,” do not be confused. Lump sum alimony and alimony in solido are one and the same.
The legal authority for an award of lump sum alimony in Tennessee is set forth in T.C.A. § 36-5-121, Decree for Support of Spouse. More specifically, alimony in solido may be awarded by the court:
● In addition to or instead of any other type of alimony;
● As long-term support for a spouse;
● May include payment of attorneys fees; and
● To adjust distribution of marital property.
In basic terms, the dollar amount of the award must be ascertainable and precise, not merely an approximation. If lump sum alimony is to be paid in installments, then a payment schedule over a definite period should also be included in the court’s order.
Most spouses are immediately drawn to the possibilities of applying alimony to balance the division of their marital property, assets, and debts in divorce.
Negotiating Alimony in Solido When Dividing Marital Property
In most Tennessee divorces, alimony in solido is a key topic for discussion during negotiations between parties. With the assistance of an experienced alimony lawyer, this particular type of spousal support can provide a great deal of flexibility.
With the division of marital property, tangible and intangible assets may be included in a lump sum support award. For example, David may accept $60,000.00 in cash in exchange for Abigail’s taking title to their marital home (with equity of $120,000.00) after the divorce.
To come up with the cash required to pay David, Abigail as obligor may need to schedule paying the $60,000.00 in installments, perhaps quarterly over the course of a year or several years. Doing so would give Abigail much needed time to locate a mortgage lender or to make alternative financial arrangements to pay David.
Abigail’s obligation under the lump sum award to David could also include valuable artwork, appliances, furniture, and furnishings located in the home which she wanted to keep, to name only a few possibilities.
What about lump sum alimony to pay attorneys’ fees? Here’s an interesting divorce case illustrating the point: TN Husband Must Pay Attorney’s Fees in Addition to Property Settlement.
Alimony Lawyer in Memphis TN
To learn more, read Tennessee Alimony Law. Also, for legal updates, news, analysis, and commentary, see our Tennessee Family Law Blog and its Alimony category. A Memphis divorce lawyer from the Miles Mason Family Law Group can help. To schedule your confidential consultation, call us today at (901) 683-1850.