In any divorce, legal separation or separate maintenance case in Tennessee, the court may require alimony to be paid by one spouse to the other depending on the nature of the case and the circumstances of the spouses. Every alimony case is fact driven and every case is different. There are four types of alimony in Tennessee.
Rehabilitative Alimony: the purpose of this form of alimony is to rehabilitate a spouse’s earning capability, typically because the spouse has been out of the workforce.
Alimony in Futuro: also known as Periodic Alimony, is payment of support on a long-term basis, until death, or until the remarriage of the recipient spouse.
Transitional Alimony: this is alimony paid for a specific period of time.
Alimony in Solido: also known as Lump Sum Alimony is for long-term support.
When determining the type of alimony to be awarded, the amount, the length of term and the manner of payment, the court will consider all the relevant factors including the following:
- The relative earning capacity of each spouse;
- Each spouse’s relative education and training;
- Years of marriage;
- Each spouse’s age and mental condition;
- Each spouse’s physical condition;
- Whether a spouse should not seek employment because the spouse is the custodian of the spouse’s minor child;
- Each spouse’s assets;
- How the marital property was divided by the court in a divorce or separation;
- The standard of living the spouse’s established while married;
- Each spouse’s contributions to the marriage;
- The relative fault of the spouse’s; and
- The tax consequences to each spouse. T.C.A. § 36-5-121.
Alimony is often a complex element in a divorce or separation case. It is important that you have an experienced attorney to help protect your rights. Contact the Nashville divorce lawyers at the Law Office of Lords and Cate for a consultation.