Nashville Alimony Attorneys

How Is Alimony Determined in Tennessee?

In Tennessee, alimony can be awarded for several reasons. The court will review numerous factors to determine if one spouse is eligible for this level of financial support from their previous spouse.

The court may decide to award you alimony for a variety of purposes, including:

• To help you maintain the lifestyle you enjoyed during the marriage
• To give you an opportunity to become financially independent over time (back to school, new job, etc.)
• To help you adjust to the economic downfalls of a divorce
• To help make up for an imbalance in property division

For a more descriptive list of the statutory factors regarding alimony, please review our Divorce FAQ page.

There is no strict formula for this, meaning that you will need a competent Nashville alimony attorney who understands how to best demonstrate your needs and rights. It is also important to keep in mind that more than one type of alimony can be awarded, which means you could get support for a variety of reasons

Factors Considered in Determining Spousal Support

Tennessee courts have broad discretion when determining spousal support. Several key factors are considered when deciding whether alimony is appropriate and, if so, the amount and duration of the support. 

Understanding these factors can help you better prepare for the divorce process and ensure that your case is presented in the best light possible.

• The Length of the Marriage: Long-term marriages (those lasting 10 years or more) are more likely to result in a spousal support award, especially if one spouse is unable to support themselves financially. In shorter marriages, alimony may still be awarded, but it is more likely to be rehabilitative or transitional in nature.
• The Financial and Non-Financial Contributions to the Marriage: For example, if one spouse stayed at home to care for children or supported the other spouse’s career, this will be taken into account when determining the amount of alimony.
• The Earning Capacity of Both Spouses: If one spouse has a significantly higher earning capacity or has been out of the workforce for a period of time, this will influence the spousal support decision. For example, a spouse who has been the primary caregiver for children may be entitled to receive alimony until they are able to re-enter the workforce.
• The Standard of Living During the Marriage: Courts will seek to maintain a similar standard of living for both spouses post-divorce. If one spouse has been accustomed to a higher standard of living, they may be entitled to spousal support to help them maintain that lifestyle after the divorce.
• The Age and Health of Both Spouses: If one spouse has health issues that prevent them from working or requires special care, this may increase the need for alimony.
• The Needs of the Recipient Spouse: If the requesting spouse has significant financial needs, such as caring for minor children or dealing with medical expenses, this may increase their chances of receiving alimony.
• The Ability of the Paying Spouse to Pay: The court will also consider the ability of the paying spouse to meet their own financial needs while providing support. 

Types of Alimony Arrangements

There is more than one type of alimony in Tennessee. Generally speaking, rehabilitative alimony provides a limited term of support until a spouse can become self-sufficient by continuing their education to obtain a higher earning capacity to join or rejoin the workforce. 

Alimony In Futuro is for long-term support until the spouse remarries or dies or if there has been such a material and substantial change in circumstances that would justify a modification of the Alimony In Futuro award.

Transitional alimony is set for a term that allows the spouse to adjust to the post-divorce standard of living. Alimony In Solido is one lump sum ordered to be paid no matter what and is considered a means of support and/or can be used to equalize the division of the marital estate.

Modifying or Terminating Spousal Support

In Tennessee, spousal support can be modified or terminated if there is a significant change in circumstances. If either party experiences a substantial change in income, employment status, health, or other relevant factors, they may request a modification of the spousal support order. 

Common reasons for modifying spousal support include:

• A Change in Income: If the paying spouse experiences a decrease in income or if the recipient spouse becomes financially self-sufficient, the amount of spousal support may be adjusted.
• Remarriage or Cohabitation: If the recipient spouse remarries or begins living with a new partner, spousal support may be reduced or terminated. Courts may consider the new spouse’s income when determining whether the recipient spouse still requires financial support.
• Disability or Health Issues: If the paying spouse becomes disabled or experiences health issues that affect their ability to work and earn income, they may seek to modify or terminate spousal support payments.
• The Recipient Spouse’s Financial Situation: If the recipient spouse’s financial situation improves significantly, the court may reduce or terminate spousal support.

If you believe that there has been a substantial change in circumstances that justifies modifying or terminating your spousal support order, consulting with a Nashville alimony lawyer can help you navigate the legal process and protect your interests.

Contact Our Alimony Attorney in Nashville Today

When you are negotiating alimony payments, you need representation to assist you in presenting the best arguments to support your need for alimony or to present the best arguments to mitigate your requirement to pay alimony. Our alimony attorneys in Nashville are here to help.

If you need legal counsel for seeking alimony or shielding yourself from unfair demands for alimony, reach out to The Law Office of Martin Sir & Associates today by calling us at (615) 229-7235.