Alimony is one of the more difficult topics to consider in a Tennessee divorce — and divorce is full of difficult topics.
What is alimony?
Alimony is also known as spousal support or spousal maintenance, and it consists of payments from one ex-spouse to the other after a divorce is finalized. These payments are in addition to anything the receiving spouse gets during the property division process. In some cases, the alimony is paid as a lump sum, but alimony commonly comes in the form of scheduled regular payments.
Courts don’t find alimony necessary in every divorce. When deciding whether alimony is necessary, courts consider a long list of factors, including the income and earning potential of each spouse, their standard of living during the marriage, the length of the marriage, whether the couple has children and any fault either spouse holds for the end of the marriage.
Alimony is commonly used in cases involving one spouse who earned a comfortable income and another spouse who earned much less during the marriage–particularly if the lower-earning spouse gave up pursuing a career in order to take care of the couple’s home and children. In these cases, the lower-earning spouse may be at a financial disadvantage after divorce. The higher-earning spouse can carry on earning their income, but the lower-earning spouse may need further education or training in order to become financially independent.
Types of alimony
Most Tennessee divorces today are settled out of court by the parties. The spouses are free to create their own alimony agreements in these cases.
In those cases when Tennessee courts order an ex-spouse to pay alimony, their orders generally fall under one of three categories:
- Transitional: This type of alimony order lasts for a specified length of time, and is intended to give the receiving spouse time to become more independent. Generally, this schedule and the amount of the alimony payments cannot be changed unless the parties agree, the court orders a change or the receiving spouse begins living with someone else.
- Rehabilitative: This is similar to transitional alimony, but it is intended to allow the receiving spouse to have something close to the standard of living they enjoyed during the marriage. Rehabilitative alimony orders can carry on until one of the spouses dies.
- Periodic: As with the other categories, this type is meant for cases in which it would be difficult or impossible for the lower-earning spouse to have the same standard of living without the income from the alimony. The court can set an end date for the order, or it can continue until the receiving spouse remarries or one of the spouses dies.