Tennessee Alimony FAQs

How does alimony work?
Alimony is a payment from one spouse to another. There are different reasons a court may order alimony to be paid. First, as in the case of a longer marriage, alimony may continue support as during the marriage. This is called alimony in futuro, or periodic alimony. Another reason is to help a spouse become rehabilitated, possibly assisting a spouse to return to school to increase his or her earning capacity. This is called rehabilitative alimony. Finally, the court may allow one spouse to pay money over time to make up for an imbalance in property division. This is called alimony in solido, or lump sum alimony. There are no formulas. Tennessee law expresses a preference for alimony to be temporary and rehabilitative. If alimony is not received at the time of the divorce, it cannot be obtained later.

Can you give an example of a short-term marriage?
John and Mary have been married five years. Near the beginning, Mary quit school so John could become a dentist. After finishing dental school, John found a new love and filed for a divorce. Because the marriage was of short duration, a court must first try to put the parties back in the position they were in before the marriage. Obviously, John has benefited from Mary's sacrifice. A court might award Mary rehabilitative alimony for a reasonable time, say three to five years, to help her complete her college education. In fact, the temporary rehabilitative alimony must be awarded if rehabilitating the disadvantaged spouse is feasible.

Can you give an example of a long-term marriage?
Steve and Jenny have been married for twenty-five years and are getting divorced. Jenny started and owns an accounting firm earning well into six figures. Steve teaches music at the local high school and was the primary caregiver for the children, now grown. It may not be feasible for Steve to start over by going back to school. A court might award Steve alimony in futuro. Steve will receive a check for the rest of his life, unless he remarries or circumstances change.

What about alimony in solido?
Brad and Susan are both stock brokers who make about the same income and have no children. Their largest asset is their home, which has equity of $80,000.00. Unfortunately, neither have enough cash to pay the other for his or her share of the equity. Brad might offer to pay alimony in solido each month until the $40,000.00 is paid so that he may keep the house. If Susan accepts this type of alimony, she cannot petition the court to increase the amount after the divorce.

Can a court award two kinds of alimony at the same time?
Yes.

What factors does the court consider?
The relative earning capacity, obligations, needs, and financial resources of each party, including income from pension, profit-sharing or retirement plans and all other sources;

The relative education and training of each party, the ability and opportunity of each party to secure such education and training, and the necessity of a party to secure further education and training to improve such party's earning capacity to a reasonable level;

The duration of the marriage;

The age and mental condition of each party;

The physical condition of each party, including, but not limited to, physical disability or incapacity due to a chronic, debilitating disease;

The extent to which it would be undesirable for a party to seek employment outside the home because such party will be custodian of a minor child of the marriage;

The separate assets of each party, both real and personal, tangible and intangible;

Marital property division;

The standard of living of the parties established during the marriage;

The extent to which each party has made such tangible and intangible contributions to the marriage as monetary and homemaker contributions, and tangible and intangible contributions by a party to the education, training or increased earning power of the other party;

The relative fault (who is more to blame) of the parties in cases where the court, in its discretion, deems it appropriate to do so; and

Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.

So basically, everything. Appellate courts often say that need and ability to pay are the two most basic and important factors. (Do not rule out relative fault of the parties as a very important factor.)

Can a spouse be awarded temporary alimony during the pendency of the divorce proceeding?
While the divorce is proceeding, temporary alimony may be awarded. This is accomplished by a hearing on a motion for pendente lite support. Child support and attorney's fees may also be determined. The temporary order ends when the final judgment for divorce is entered.

How is the amount of temporary alimony determined?
With regard to a temporary alimony award, there is no precise formula. The court will use its discretion, considering the ability of one party to pay and the present needs of the party to whom the temporary alimony is to be paid. The court will look closely at the standard of living of the parties at the time of separation.

Can alimony be modified or terminated?
It depends. In a marital dissolution agreement, the parties may agree to make alimony non-modifiable, or modifiable under certain specified circumstances. If the court orders alimony, it depends on the type of alimony awarded and other terms that the court spells out. In order for alimony in futuro to be modified, the court will require a material change of circumstances. If the person receiving support lives with a "friend," in certain situations this might constitute a change of circumstances. Be aware that these terms can affect the tax treatment of alimony.

What "change in circumstances" will support a petition for modification of alimony?
The possibilities are endless, but look for practical reasons. A material change in circumstances might include increased or decreased ability to pay or a substantial change in the needs of either party, such as a serious illness.