Alimony in Tennessee

The payment of attorney fees in the divorce and future health insurance benefits can be considered alimony. Tennessee law specifies different forms of alimony, some of which are modifiable at a later date, while others are not. Some alimony types involve a specific sum, and certain payments may continue indefinitely. In most cases, alimony is considered income for the recipient and a deduction for the payer. However, its dischargeability in bankruptcy depends on specific circumstances.

Due to these complexities, your attorney must educate you on the various types of alimony and their consequences.

Recently, Tennessee garnered headlines regarding alimony awards, as the Court of Appeals had initially granted alimony to a spouse, potentially altering the future basis for such awards. However, the Tennessee Supreme Court later reversed this decision, maintaining longstanding rulings on alimony awards.

Determining Alimony in Tennessee

In determining alimony in Tennessee, several factors and facts about each party come into play. While there is no magic formula for determining alimony, past legal cases and their precedents aid the Judge in deciding whether an individual qualifies for an alimony award or not.  If you are seeking alimony or wondering about eligibility to receive it, here are some key considerations.

1. Types of Alimony in Tennessee:

   • Alimony in Futuro (Periodic Alimony): This is support paid periodically, typically monthly, for an indefinite period.
   • Rehabilitative Alimony: Support is provided to help a spouse acquire the education or training necessary to become self-supporting.
   • Transitional Alimony: Support to assist a spouse in transitioning to a new financial situation after the divorce.

2. Factors Considered by the Court:

   • The court considers various factors when determining whether to award alimony, including:
     • The duration of the marriage.
     • The standard of living during the marriage.
     • Each spouse’s contribution to the marriage, both financial and non-financial.
     • The earning capacity, needs, and financial resources of each party.
     • The age, physical and mental health, and potential for future employment of each spouse.
     • Fault in the divorce (though Tennessee is a “no-fault” divorce state).

3. Agreements between Spouses:

   • Spouses can also reach their own agreements regarding alimony through negotiation or mediation. If the spouses can agree on the terms, the court may approve their agreement.

4. Legal Assistance:

   • It’s advisable to consult with an attorney specializing in Tennessee’s family law. They can provide guidance based on your specific circumstances and the current laws.

5. Modification or Termination:

   • Alimony orders may be subject to modification or termination based on changes in circumstances, such as the recipient’s spouse remarrying or a significant change in financial situations.

6. Application Process:

   • If you’re in the divorce process, alimony may be addressed as part of the overall divorce proceedings. You may need to petition the court if you’re already divorced and seeking alimony.

Remember that family law can be complex; the information provided here is a general overview. Laws and procedures may change, so it’s crucial to consult with an attorney for advice tailored to your specific situation.  For a consultation regarding divorce or alimony, contact us at https://www.kane-law.com/contact-us