Requesting Lump Sum Alimony in Tennessee Divorce
- At May 01, 2013
- By Miles Mason
- In Alimony, Divorce, Spousal Support
- 0
A request for lump sum alimony in a Germantown, Tennessee, divorce may be awarded for the long-term financial support of a spouse.
This is the second installment in a four-part series on Tennessee alimony law covering:
1. Periodic Alimony (Alimony in Futuro)
2. Lump Sum Alimony (Alimony in Solido)
3. Rehabilitative Alimony
4. Transitional Alimony
If you missed it, the first article in this series introduced a few essential points regarding alimony and answered the question why alimony in futuro might be awarded in the Tennessee divorce.
#2. Why Alimony in Solido?
Alimony in solido, or lump sum alimony as it is also known, can be used in conjunction with any other form of alimony and serves as spousal support, property division, or a combination of both. More specifically, this form of alimony may be awarded to help equalize an imbalance in the spouses’ property division, which makes it quite unique.
Although one might think lump sum alimony should be paid all at once, installment payments over a specified period of time are possible. The total sum and the amount per installment, however, must be fully ascertained at the time of the court’s award.
When deciding on the need for such alimony, some important factors for the court’s consideration include the:
● Length of marriage (Is this a marriage of long duration spanning decades?)
● Recipient’s financial need (Is one spouse economically disadvantaged when compared to the other spouse?)
● Marital fault (What is the parties’ relative fault, given the equities between them?)
● Obligor’s ability to pay (What are the obligor-spouse’s financial resources?)
Example of Lump Sum Alimony. Here is a brief case example involving a spouse who received home equity as alimony in solido:
After 56 Years Married, Wife Received Home Equity as Alimony in Solido
Be mindful that lump sum alimony may not be modified without an express agreement between the parties. That agreement must be incorporated into the court’s order and becomes final with the divorce decree. T.C.A. § 36-5-121.
The next article in this four-part series continues with essential information about rehabilitative alimony.
Contact a Germantown TN Alimony Lawyer
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 Germantown, TN, divorce lawyer from the Miles Mason Family Law Group can help. To schedule your confidential consultation, call us today at (901) 683-1850.