Alimony Rules & Laws in Tennessee

Courts can award alimony in Tennessee.

Alimony is when one spouse is required to give another spouse money after a divorce. It is not the same as child support and can be awarded to a spouse in addition to child support. Courts in the state of Tennessee will award alimony under certain conditions. The alimony is awarded by a judge during divorce proceedings.

Types of Alimony

The State of Tennessee recognizes three types of alimony. Alimony in futuro is money given to a spouse in consistent intervals in place of financial support that the spouse would have had had they stayed married. A second type of alimony is rehabilitative alimony. This is temporary alimony awarded to a spouse for a specific purpose. For example, if a husband worked during the marriage so that his wife could attend school, a judge might order the wife to pay temporary alimony to the husband so that he could attend school. The third type of alimony available in Tennessee is called in solido, meaning that it is given one time. A lump sum alimony is typically given in exchange for something of value. A wife might wish to keep the marital home after the divorce, and she could be ordered to give the husband a one-time alimony payment for his portion of the house.

Financial Considerations

A court in Tennessee looks at several factors to decide whether or not to award alimony during a divorce. A judge determines earning potential and financial responsibilities of each spouse, including how much education or career training each has had. A judge also considers the length of the marriage and how the marital property is being divided. If one spouse has a disability or does not work in order to care for a child, a judge will consider that as well.

Modification of Alimony

In Tennessee, alimony must be awarded at the time of divorce. A spouse cannot go back and ask for alimony after the divorce is final. However, modifications can be made to an existing alimony agreement, depending on the original agreement. If the agreement was that alimony would not be modified, then it cannot be. Usually, alimony can be modified under certain circumstances. These include job loss, illness or remarriage.

References

• Divorcenet: Tennessee Alimony