What Is Transitional Alimony in Tennessee?

What is transitional alimony in Tennessee?

Alimony is tailored spousal support – one size does not fit all!

Because the need for financial assistance can vary substantially from one spouse to the next, Tennessee recognizes four different types of alimony. One of which is transitional alimony.

To improve your understanding of alimony in divorce, take a few minutes to read about Tennessee Transitional Alimony. In the meantime, here are a few answers to the questions we frequently get asked by our clients.

What Transitional Alimony Is and Is Not

Transitional alimony is awarded in Tennessee for a single purpose:  to help the economically disadvantaged spouse adjust to life as a divorced, single person. Although there are certainly emotional concerns involved in a break-up, transitional alimony targets the financial consequences of setting up a new household, alone.

For some people, adjusting to the single life is not particularly difficult. For many others, however, divorce is an economically destabilizing force. Tennessee law recognizes how financially challenging this life-changing experience can be. To address an inequity, the court has authority to order relief in the form of transitional alimony in appropriate circumstances.

Transitional alimony is not the same as rehabilitative alimony. With transitional support, the spouse is assisted with establishing a separate household, one that will no longer benefit from the other party’s regular income contribution. In those cases wherein the court orders rehabilitative support, transitional alimony is unavailable.

Transitional alimony is not designed to provide long-term assistance to the recipient. Keeping the objective in mind, transitional support is only ordered for a limited period of time. By contrast, periodic alimony is awarded to provide enduring support for the recipient spouse.

Lastly, the court may award lump sum alimony to balance out the division of property in divorce, but that is not a reason to award transitional alimony.

Can Transitional Alimony Be Awarded After the Divorce?

As with the other three forms of Tennessee spousal support (namely rehabilitative, periodic, and lump sum), the issue of transitional alimony must be raised as part of the divorce. If for some reason alimony is not included in the divorce, then the opportunity to seek such spousal support is lost. Because alimony cannot be obtained through a separate lawsuit later on, it is far better to seek spousal support as part of the divorce even when the award amount is expected to be minimal.

Can Transitional Alimony Be Modified?

Although other forms of alimony may be modified, in general, transitional alimony is not modifiable after the divorce. Even when there is a material change in the obligor’s ability to pay or subsequent change in the recipient’s financial need, the award of transitional alimony may not be revisited. After all, its purpose is not to provide long-term assistance, but to ease the journey to a single person’s economy.

Although there are three exceptions to the non-modification rule, availability of those exceptions is best discussed with a Tennessee alimony lawyer directly. In brief, though, transitional alimony may be made modifiable by agreement between the parties. Any such agreement must be incorporated into the court’s initial order of divorce to be enforceable. Secondly, the court may, in its discretion, provide for modification of transitional alimony in the divorce decree. Lastly, if the recipient cohabitates with someone else after the divorce, then transitional alimony could be modified post-decree.

When Does Transitional Alimony Terminate?

There are a few situations that terminate transitional alimony. If the recipient or obligor dies, then support ordinarily comes to an end. The award may also be limited to the recipient remaining unmarried. In that instance, the recipient’s remarriage would put an end transitional alimony.

Are There Tax Consequences to Paying or Receiving Alimony?

Absent agreement to the contrary, in general alimony is taxable as income to the recipient and may be deducted from the payor’s income. To deduct alimony, certain criteria must be met. So, yes, alimony can be deducted, but subject to some very important rules. You may want to take a few minutes now to read about Divorce and Taxes | Tennessee Divorce Law & Tax Resources. For more detailed information about the tax rules regarding alimony, see IRS Publication 504 Divorced or Separated Individuals at IRS.gov.

This article only provides a brief overview and exceptions may apply to your particular situation. With any questions about the tax consequences of spousal support, always seek tax advice from a Certified Public Accountant or tax attorney. If you and your spouse have a proposed settlement that includes one or more types of Tennessee alimony, then be sure to have your CPA check it out in advance.

Tennessee Alimony Lawyer in Memphis

To learn more, take a moment to read about 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. Download our free e-Book, Your First Steps: 7 Steps Planning Your Tennessee Divorce. When you’re ready, a Memphis divorce lawyer from the Miles Mason Family Law Group can help. Schedule your confidential consultation by calling us today at (901) 683-1850.