What is alimony and what is its purpose in Tennessee divorce?

‘What is alimony?’ is a question that many people ask; it’s also one of the most misunderstood parts of divorce and one that can be among the divorce process’s most contested, as divorcing couples often disagree about matters of spousal support in Tennessee. It’s intended to aid a spouse earning less than the other as he or she recovers after the divorce and works to gain independence.

With some education and clearing of common myths, people facing the end of marriage can gain a better understanding of what alimony is and be ready to advocate for their rights in this area. Of course, a divorce lawyer in Memphis can help protect those rights, too.

What Alimony Is and What It Is Not 

Alimony – also known as spousal maintenance or support – is a payment made to the lower-earning spouse by the spouse who makes more money.

There are several different types of spousal support; the type ordered by the court – or agreed upon by the divorcing parties – depends on many factors, including both spouse’s: 

• earning capacities;
• job skills;
• health; and
• length of marriage. 

While many people understand spousal support as being something a man pays to his ex-wife – and this is statistically often the case – the laws surrounding spousal support in Tennessee are not gender-specific. They are based on both parties’ financial situation. Spousal support is also not a “punishment” for the paying spouse, nor is it a “reward” for the other.

The Purpose of Spousal Support 

In addition to wondering what alimony is, many are often confused about the purpose that it serves. When people get married, they enter into an agreement to take care of each other physically, emotionally, and financially. At the time of divorce, the financial aspect may be the only portion of that agreement that still stands. 

The purpose of spousal support is to help the lower-earning spouse: 

• recover financially from the divorce;
• maintain a standard of living enjoyed during the marriage; and
• be able to move on to an independent life.

In some cases, alimony may be awarded to make up for large differences in property division.

Today, spousal support in Tennessee is generally seen as a rehabilitative payment, meaning it’s meant to be paid on a temporary basis until the lower-earning spouse can gain job skills, education, or whatever else is needed to become-self-supporting. There are, however, situations in which spousal support might be ordered on a more permanent basis. This may happen in cases where the lower earning spouse is elderly, ill or disabled. To learn more about the history of Tennessee’s alimony laws, visit Tennessee Alimony Law.

Establishing a Spousal Support Agreement 

Spousal support is often decided by a family court judge, but sometimes couples choose to work out an agreement themselves, often with the help of a licensed divorce mediator. In any case, it’s wise to have a divorce lawyer in Memphis like Miles Mason on your side. An attorney can help ensure you are being treated fairly and answer any questions you have about the issue, including the basic, ‘what is alimony?’