Reality sinks in when the court orders the higher-earning spouse to make alimony payments to the disadvantaged one. Although there is no set formula for the calculation of alimony, it depends primarily upon financial need of the disadvantaged party, the ability of the other party to pay, and finally, fault.
Spousal Maintenance Or Not
State law in Tennessee does not assure that the disadvantaged spouse will receive spousal maintenance support after a divorce completes. The onus is for the judge to review each case and the circumstances surrounding it before they award alimony. With over 40 years of experience in handling alimony cases, our attorneys can build a case for you in Knoxville and the surrounding areas, with essential information that can effect whether or not alimony is awarded.
Alimony law is often misunderstood, and the fact that it changes periodically makes it even more confusing for spouses who are seeking alimony payments. Schedule a low-cost initial consultation if you need help or guidance. Our trained lawyers, located in Maryville, but who serve the surrounding Knoxville areas, will listen and guide you through strategies to help you deal with the alimony issues you are facing.
Types Of Alimony Payments
Before you file for spousal maintenance, you should understand all the existing models of alimonies and the circumstances under which the state awards them. Tennessee law recognizes four types of alimony payments. These are:
Rehabilitative alimony: As the name suggests, rehabilitative is meant to restore the earning potential of a disadvantaged spouse. Tennessee courts may grant it to a spouse who seeks to enroll for a degree or get certification for a particular profession or work.
Alimony in futuro: Courts award this alimony to a spouse who previously enjoyed a higher standard but can no longer do so because they can’t get comparable earnings anymore. The privileged or high earning spouse has to pay the underprivileged spousal maintenance until he or she remarries or dies, or until the court terminates it. The amount is fixed and paid at set intervals. It is sometimes awarded alongside rehabilitative alimony.
Transitional alimony: This is temporary spousal maintenance that’s meant to help the underprivileged spouse adjust their life after divorce is finalized. The spouse would be capable of self-support and not need rehabilitative alimony.
Alimony in Solido: A fixed type of alimony that requires the higher earning spouse to pay the unemployed spouse even if he or she remarries or dies. The spouse who’s paying cannot modify the set amount, though he or she can pay in installments or a lump sum.
Alimony Reduction And Termination
Once alimony has been awarded, depending on the circumstances, the Court can later modify the alimony payments. Alimony, in some cases can be increased to a higher amount, lowered or even eliminated. It all depends on whether or not there has been a significant change of circumstances. In fact, if the ex-spouse who is receiving alimony begins living with another person, that relationship could in fact cause alimony to be suspended in its entirety. Other factors to be considered in modification can include changes in health of either side, changes in employment status, or other unexpected circumstances.
Need Help With Alimony?
Call 865-999-0366 to speak with one of our experienced alimony attorneys. Our skilled lawyers can help you file for spousal maintenance or a review of the existing alimony so that the Courts can make an appropriate determination as to whether or not alimony will be paid, and if so, for how long and for what amount.
Shepherd & Long, PC
Shepherd & Long, PC is located in Maryville, TN and serves clients in and around Rockford, Walland, Alcoa, Louisville and Blount County.
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