What Impact Does the Length of Marriage Have on Tennessee Alimony?

The length of the spouses’ marriage may have a substantial impact on an award of alimony for Collierville, Memphis, or Germantown couples facing Tennessee divorce.

For Every Seasoned Divorce, There May Be Tennessee Alimony

The years married, the age of the parties, the financial resources available to each, and the respective educational and professional levels are all factors to be considered by the court in deciding on an alimony award. In the divorce, every award of alimony is purposeful, tailored to fulfill an important financial objective. Furthermore, more than one type of alimony may be awarded in any given case.

Because some form of Tennessee alimony is likely to be awarded, especially with the seasoned couple in a marriage of long duration, you need to be familiar with these four types of spousal support:

 ● Alimony in Futuro.  One form of alimony commonly awarded in marriages of long duration (25 years, for instance) is alimony in futuro. The purpose of periodic alimony, as it is also known, is to help the recipient spouse maintain the lifestyle to which he or she has become accustomed. The more mature the couple, the more resources available, the more likely they will have become accustomed to a certain lifestyle comfort level. Alimony in futuro is not intended to maintain the party in the identical lifestyle enjoyed during the marriage. Instead, the purpose of periodic alimony is to maintain the recipient spouse in a lifestyle close to what was experienced during the marriage.

● Alimony in Solido.  Whether the marriage is of long or short duration, the spouses’ assets will be divided in Tennessee dissolution proceedings. When the parties’ assets are equitably distributed in the divorce, one spouse may be required to pay the other a specified amount to make up for an unequal property division. An example of that would be when one spouse desires to remain in the marital home, but does not have the resources to pay the other spouse his or her share of the equity. When alimony in solido is acceptable, the payments are usually made over time. But because the purpose of such support is to equalize the property division, it is referred to as lump sum alimony and cannot be modified later on.

● Rehabilitative Alimony.  This type of alimony is intended to provide financial support to enable the recipient spouse to update employment skills, return to college, train for re-certification in a specific field, and the like, to improve employment opportunities. We want parties to become financially independent, so for marriages of shorter duration (up to five years), or when a party is young enough to be gainfully employed, rehabilitative alimony may be appropriate.

● Transitional Alimony.  Even when rehabilitative alimony is not available, a spouse may still need financial assistance to make that transition into a new and independent lifestyle. When the party does not need rehabilitation to improve earning potential, transitional alimony is especially useful for the economically disadvantaged spouse. This type of spousal support has only been available in Tennessee for a decade, but is applicable in many marriages of long and short duration.

From the Tennessee Family Law Blog, see the Tennessee Case Law Summaries Alimony category grouped by number of years married:

• Alimony: 0-9 Years Married
• Alimony: 10-14 Years Married
• Alimony: 15-19 Years Married
• Alimony: 20-24 Years Married
• Alimony: 25+ Years Married

Looking for a few quick tips to help you prepare for alimony in your Tennessee divorce? Take a moment to read our Top 5 Tennessee Alimony Strategies in Divorce.

Concerned About Alimony? Contact Our Memphis Divorce Lawyers

A Memphis divorce lawyer from the Miles Mason Family Law Group can help you through the legal challenges of divorce. To schedule your confidential consultation, call us today at (901) 683-1850. To learn more about alimony, read our Tennessee Alimony Law in Divorce | Answers to FAQs. For legal updates, news, analysis, and commentary on any number of divorce topics, visit our Tennessee Family Law Blog (you’ll find even more information in the Alimony category).