Although we think of divorce as a highly emotional process, divorce also tends to have a noticeable financial impact on both spouses. In fact, there is often a “winner” and a “loser” when it comes to the impact divorce has on the financial status of both parties after a divorce. Under certain circumstances, the law will order alimony to be paid by one spouse to the other spouse to limit the disparate financial impact of a divorce.
Whether you anticipate the need to pay alimony or receive alimony as part of a divorce, the divorce attorneys at Bennett | Michael | Hornsby are committed to helping you navigate the divorce process and protecting your rights.
We are dedicated to helping you understand your right to receive or obligation to pay alimony in a Tennessee divorce
Call for a free consultation so we can step in and begin fighting for you.
What Is Alimony?
Alimony, also referred to as spousal support or spousal maintenance, is a legal obligation imposed on one spouse to continue financially supporting the other spouse after the marriage ends. The overall purpose of alimony is to avoid financial “winners” and “losers” in a divorce. In the State of Tennessee, the issue of alimony is governed by Tennessee Code 36-5-121 which specifically states “…the economically disadvantaged spouse’s standard of living after the divorce should be reasonably comparable to the standard of living enjoyed during the marriage or to the post-divorce standard of living expected to be available to the other spouse…” 36-5-121(c)(2)
What Are the Types of Alimony in Tennessee?
Tennessee recognizes four different types of alimony. The type and duration of alimony ordered in a divorce will depend on factors such as the duration of the marriage, the age of the spouses, the age of any minor children of the marriage, and the educational background of the spouses. The four types of alimony available in Tennessee include:
- Rehabilitative alimony. When the financial inequity of a divorce can realistically be resolved by temporarily supporting the economically disadvantaged spouse while he/she re-enters the workforce or receives additional education, rehabilitative alimony may be ordered. Rehabilitative alimony will continue as long as the court believes it is necessary or until either spouse dies.
- Transitional alimony. Transitional alimony is intended as a short-term financial solution when one spouse needs assistance adjusting to new financial circumstances during and/or after a divorce but does not need long-term alimony.
- Alimony in solido (lump sum alimony). Sometimes there is an unavoidable inequality in the property/asset division in a divorce. For example, if the couple has $500,000 in equity in the marital residence but do not wish to sell the residence, leaving one spouse without his/her share of the equity. In that case, alimony in solido, paid in a lump sum or monthly, may be ordered as an alternative to balance the division of assets.
- Alimony in futuro (periodic alimony). For marriages of long duration where one spouse did not work outside the home, alimony in futuro may be ordered. This is a long-term (often lifetime) option that is only ordered when a court is convinced that a spouse will be unable to earn enough to maintain the standard of living enjoyed during the marriage even if he/she is given time to re-enter the workforce or complete additional education.
The Murfreesboro alimony attorneys at Bennett | Michael | Hornsby are dedicated to helping you understand your right to receive or obligation to pay alimony in a Tennessee divorce. Contact the team today by calling 615-898-1560 to schedule your appointment.
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