Amount and Length of Alimony in Tennessee Law

Any divorce may bring a surprise or two, it comes with the territory. But reasonable spouses really don’t want the amount and length of alimony payments to be shocking.

Whatever Tennessee alimony law applies to their specific circumstances, people want assurances. They want to know that, in the years following divorce, they’ll still have enough resources to pay ordinary expenses and enjoy a comfortable lifestyle.

People also want predictability. Preparing for a new lifestyle as a single person means planning for the amount of spousal support to be paid as well as the length of time alimony payments will be made. Each individual’s plan for the future means eliminating elements of surprise from the alimony question.

For many Tennesseans, negotiating the amount and length of alimony might best be summed up this way: “You can’t always get what you want, but if you try sometimes you find you get what you need.” (The Rolling Stones, You Can’t Always Get What You Want, 1969.)

Always Start with a Plan for Alimony

Always be mindful that divorce in Tennessee law is a civil lawsuit in which the parties frequently have competing interests. Both spouses should prepare for alimony by planning a legal strategy with assistance from their respective attorneys. If one spouse seeks alimony, then the other spouse will be asked to pay it. By way of example, an award of alimony in futuro could have the supporting spouse writing checks to the economically disadvantaged spouse for life. Perhaps be ordered to maintain life insurance, too, with the supported spouse as the sole beneficiary!

You Find You Get What You Need

For many Tennesseans, negotiating the amount and length of alimony might best be summed up this way: “You can’t always get what you want, but if you try sometimes you find you get what you need.” (The Rolling Stones, You Can’t Always Get What You Want, 1969.)

As many karaoke songsters know and appreciate, Mick Jagger’s sage wisdom has genuine application in numerous life situations. It definitely applies to alimony in Tennessee law. Talk to an attorney and plan for alimony.

Key Alimony Considerations

Today, the two most important considerations in awarding alimony are:

Recipient spouse’s economic need; and
Obligor spouse’s ability to pay.

These two questions apply to every type of alimony sought, which is where we begin the inquiry.

Alimony Basics: What Type? How Much? What Length?

The amount of alimony to be paid along with the length, or duration, of those payments will depend upon on the type of alimony requested, among other things. That might not be surprising. What catches some people off guard is that more than one type of alimony can be ordered in the divorce, depending upon need and circumstances.

Divorcing spouses might wish for some guidelines so they might scan an official chart and point to a number. That is, a figure representing a preferred amount to be paid given length of marriage, grounds for divorce, spouses’ income, marital wealth, number of children, and other factors. However, that’s not possible for two main reasons. First, there are no Tennessee alimony guidelines in existence for parties, attorneys, and judges to follow in divorce.

Second, and just as importantly, every Tennessee family is unique. That’s not trite. It’s true. The facts of one alimony case may resemble the facts of another, but no two divorces are the same. No two people are the same. No two lifestyles are the same. Drawing upon experience, divorce lawyers go into alimony proceedings prepared to make their clients’ unique case to the judge.

In the absence of alimony guidelines, how does anyone know how much Tennessee alimony is enough? Or is too much? How does the court determine the length spousal support should be paid? Is there any way to assure fairness in awarding or denying spousal support?

Guidance from Tennessee’s Alimony Statute

Tennessee’s alimony statute is one that all divorcing spouses should get to know better. The statute gives the court authority to award alimony in divorce, legal separation, and actions for separation maintenance.

The statute gives judges broad discretion in deciding all aspects of an alimony award. In entering the decree for support of a spouse, “the court may award alimony to be paid by one spouse to or for the benefit of the other, or out of either spouse’s property, according to the nature of the case and the circumstances of the parties.” T.C.A. § 36-5-121(a).

Yes, you read that correctly. Alimony may be ordered paid from the supporting spouse’s assets as well as from that spouse’s income.

How Much Alimony for How Long?

Amount and length of alimony in Tennessee law

The best way to approach answering the question – “How much alimony for how long” – is to take it one type of alimony at a time. Start with the four types of alimony:

Alimony in solido
Alimony in futuro
Transitional alimony
Rehabilitative alimony

Now, take a look at each type, along with a few examples.

How Much Alimony in Solido for How Long?

Tennessee law on alimony in solido is set forth in T.C.A. § 36-5-121(h). This oft-misunderstood type of spousal support may be ordered to balance the division of marital property, help recover wasted assets, and more.

Here are some characteristics of what is also known as lump sum alimony:

Purpose: It’s meant to provide long term support to an economically disadvantaged spouse (but it is not transitional support).
Modification: It cannot be modified by the court. There is an exception, however. The parties could agree to modification in their marital dissolution agreement (MDA).
Termination: It does not terminate on the death or remarriage of either

Example: The parties’ MDA requires the supporting spouse “pay $3,250,000.00 in lump sum alimony, payable in 10 equal installments over the next 10 years; and, furthermore, shall maintain life insurance with the supported spouse as sole beneficiary for an amount equal to any unpaid portion until alimony is paid in full.”

Ascertainable: The total to be paid must be definite and calculable on the date of the divorce decree:

Example: With the “market value of this marital asset being $2,750,000.00 and awarded to husband, wife shall receive $1,375,000.00 as alimony in solido …”

Installments: If ordered paid in installments, then payments must be for a definite period with the total amount being ascertainable in the decree:

Example: The award for “$250,000.00 alimony in solido payable in two installments of $125,000.00, the first installment to be paid within 12 months and the second paid within 24 months of the date the final decree is entered …”

Attorney’s Fees: This type of spousal support may include attorneys fees ordered paid to the economically disadvantaged spouse:

Example: The court orders the obligor to “pay the supported spouse’s reasonable attorney’s fees in a lump sum of $37,500.00 as alimony in solido.”

Read the Supreme Court of Tennessee’s opinion in Broadbent v. Broadbent, 211 S.W.3d 216 (Tenn. 2006), and appeal of alimony in solido in divorce.

Also, the court may prefer lump sum support over alimony in futuro, discussed next.

How Much Alimony in Futuro for How Long?

Long-term support and maintenance can be a scary thing, precisely what alimony in futuro is. Pay attention to the following basic characteristics of what is also known as periodic alimony (T.C.A. § 36-5-121(f)):

Purpose: This long-term support is meant to maintain an economically disadvantaged spouse. Alimony in futuro is support for life. The standard of living enjoyed during the marriage is a very important factor in determining the amount and length of this support for the former spouse.
Combination: It may be ordered in combination with other types, the only exception being short-term rehabilitative alimony:

Example: The court decided to “deny the request for alimony in futuro because the spouse can be rehabilitated by obtaining a degree in the program of study nearly completed before the marriage. Rehabilitative alimony is hereby ordered …”

How much Tennessee alimony in futuro for how long?

Modification: The court has continuing jurisdiction because alimony in futuro can be modified later (unless the parties’ MDA says it cannot be modified). If circumstances after the final decree substantially and materially change, then the support order could be increased, decreased, terminated, extended, or modified in some way.
Termination: A rebuttable presumption that alimony should terminate arises if the supported spouse is cohabiting. The obvious reason being that financial assistance from the obligor-spouse is not needed because a third person is contributing money to the household or, alternatively, is being supported by the recipient-spouse. Periodic alimony automatically terminates, though, upon the death of either party, or upon the recipient’s remarriage. The spouses can always agree to change the rules for when support terminates by including alimony terms in their MDA.

For an in-depth discussion, take a look at the Tennessee Supreme Court’s landmark decision in Gonsewski v. Gonsewski, 350 S.W.3d 99 (Tenn. 2011) – request for alimony in futuro denied.

What about short-term spousal support? Tennessee law has two short-term types of alimony – rehabilitative and transitional. They are mutually exclusive in that the judge may order one or the other, but not both. Here’s a quick comparison of the two.

Amount and Length of Transitional Alimony in Tennessee Law

The controlling statutory provision for transitional alimony is found in T.C.A. § 36-5-121(g):

Purpose: This short-term support is money meant to help support the economically disadvantaged spouse over a certain period time. Transitional support aids the person in shifting and adapting to a new lifestyle. It is not for life and is not directed at college tuition, retraining, recertification, or costs associated with upgrading workplace skills. Because rehabilitation is not needed, transitional alimony helps the spouse adjust to life after divorce which can have a painful impact on finances. In other words, it helps pay the rent while searching for a new home to buy, the cost of finding full time employment in the person’s field, and the like.
Combination: This can be combined with all other types of spousal support, with the exception of rehabilitative alimony.
Modification: Unless the spouses have an MDA stating otherwise, transitional alimony cannot be modified later. Best to get the needed amount figured correctly in the first place.
Termination: Cohabitation does create a rebuttable presumption that alimony should be terminated, but it may be a more difficult case to make. After all, this type of alimony is about transition. It definitely terminates upon the death of either recipient or obligor, unless, again, the parties’ MDA provides otherwise.

Last to discuss, but not least, is support aimed at rehabilitation.

Amount and Length of Rehabilitative Alimony

Tennessee’s rehabilitative alimony law provides for short-term support and maintenance of a former spouse, as follows:

Purpose: This short-term support helps the spouse who “strengthened the family unit” by making sacrifices. Those sacrifices include setting career goals aside in order to be the homemaker and to raise the children. By sacrificing, the economically disadvantaged spouse enabled the other to focus on career options and advancement (for personal gain and, also, to benefit the family). This alimony attempts to level the playing field by giving the supported spouse help getting back into full time work. It is only useful if support helps the individual “achieve, with reasonable effort, an earning capacity that [permits a] … standard of living after the divorce to be reasonably comparable to the standard of living enjoyed during the marriage.”
Combination: This alimony can be combined with all other types of alimony, but transitional.
Modification: The court retains continuing jurisdiction over this type of support, so it can be modified later should there be a substantial and material change of circumstances. For example, the supported spouse asks to continue beyond the bachelor’s degree to complete a master degree program, too. Because BA degree-holders aren’t getting the Memphis jobs in the profession targeted for rehabilitation during divorce proceedings.
Termination: This alimony ends when the rehabilitation plan is completed, of course. But it also ends with the death of either party, recipient or payor. Unless, of course, the spouses’ agreed to a different termination date in their MDA:

Example: The parties’ MDA provides that “rehabilitative alimony shall terminate no later than five years from the date of the divorce decree, whether or not the supported spouse has successfully graduated from a master’s program at the University of Memphis.”

See T.C.A. § 36-5-121(c,e).

Negotiating Alimony Requires Strategy

Negotiating alimony is somewhat akin to chess. The ‘Game of Kings’ is one of strategy, not chance. Alimony decided by chance could be disastrous. The consequences could bankrupt a person’s finances and ruin plans for a secure retirement.

Make educated decisions in your divorce. Consult an experienced Tennessee divorce attorney about the type, amount, length, and termination of alimony. Find out the likelihood for or against alimony given your specific circumstances. Yes, every case is unique. But lawyers who routinely handle complex alimony cases can usually provide helpful insight into the merits of your case. Talk to a lawyer now, before final alimony decisions are made and it’s ‘Checkmate.’

To learn more on alimony in Tennessee: