Alimony in Your Tennessee Divorce?
There are three basics that Memphis, Tenn., divorce attorneys share with clients concerned about alimony awards.
One, the court may order a spouse to make financial support payments in the form of alimony to the other spouse. Two, if alimony is not awarded as part of the divorce, then it cannot be sought or petitioned for thereafter. Three, more than one type of alimony may be awarded in the final decree.
Therefore, it is very important that parties prepare themselves for alimony discussions with their divorce lawyers. Get the most from those attorney-client consultations by learning a little about the four different types of Tennessee alimony and how each applies in a particular circumstance.
Tennessee Alimony Times Four
In this four-part series on Tennessee alimony, we’ll take on each of the following awards authorized by 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
This may come as a surprise, but unlike child support there are no precise guidelines for determining how much alimony should be awarded in a given divorce. There are many statutory factors that the court will consider when examining the facts, with emphasis placed on the requesting-spouse’s financial need and the obligor-spouse’s ability to pay.
#1. Why Alimony In Futuro?
The first form of spousal support is alimony in futuro, or periodic alimony as it is also known. The purpose of periodic alimony is to provide financial support to help the recipient maintain a lifestyle similar to that which was experienced during the marriage. As you might suspect, it is the one form of spousal support most commonly awarded in marriages of long duration.
Alimony in futuro may continue well into the future, hence its Latin name. In fact, this alimony is said to be for an indefinite period as it may continue until the death or remarriage of the recipient, or terminate upon the death of the obligor. Because the occurrence of those events is an unknown, the period of alimony payment is not discernable. Although the total award amount may be indeterminable, the amount of each payment would be definite.
Example of Periodic Alimony. Here is a brief case example involving an award of periodic alimony in a divorce:
Tennessee Wife of 12 Years Awarded $1,500/Mo. Alimony in Futuro
Court’s Modification of Alimony in Futuro
The court remains in control of the periodic alimony award for its entire duration and may modify the amount when a substantial and material change of circumstances is shown. Both arrearages and future installments may be modified. This means that the amount of the original alimony award may be increased, decreased, terminated, extended, or adjusted as the court deems appropriate in the case.
For purposes of alimony modification, a substantial and material change in circumstances might be:
● An increase or decrease in the obligor’s ability to pay support, as when there is extended unemployment;
● A change in the financial needs of either party, as when there is a disabling injury or serious illness;
● The recipient’s cohabitation with a third party who presumably contributes to the household expenses.
The court can award alimony in futuro in conjunction with rehabilitative alimony in those situations wherein the recipient-spouse can only be partially rehabilitated. If rehabilitation toward financial self-sufficiency is not at all feasible (because of the spouse’s advanced age, for example), eliminating rehabilitative alimony as an alternative, then alimony in futuro may be awarded as the only reasonable support option.
The next article in this four-part series highlights alimony in solido.
Tell Me More about Alimony!
To learn more, read Tennessee Alimony Law in Divorce | Answers to FAQs. 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.
