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Going through a divorce is never easy, and one of the most challenging aspects for many couples is determining how to handle spousal support (also known as alimony). In Tennessee, spousal support is designed to help ensure that neither spouse faces undue financial hardship after the end of the marriage. Whether you’re the spouse seeking support or the one who may be required to pay, it’s crucial to understand the different types of spousal support, how it is calculated, and what factors the court considers when making an award. In this blog post, we’ll break down the basics of spousal support in Tennessee to help you navigate this complex issue.
Spousal support, or alimony, is a financial payment made from one spouse to the other during or after a divorce to help the lower-earning spouse maintain a standard of living similar to what they had during the marriage. The purpose of spousal support is not to punish one spouse but to provide financial stability and fairness when there is a significant income disparity between the parties.
Tennessee law recognizes four primary types of spousal support, each serving a different purpose and with varying durations and conditions. Understanding the differences can help you determine what type of support may apply to your situation:
Rehabilitative Alimony
Alimony in Futuro (Periodic Alimony)
Alimony in Solido (Lump-Sum Alimony)
Transitional Alimony
In Tennessee, the court has broad discretion in determining whether spousal support is appropriate and, if so, what type and amount should be awarded. When making its decision, the court considers several factors, including:
The Duration of the Marriage
The Age and Physical and Mental Condition of Each Spouse
The Financial Resources of Each Spouse
The Standard of Living Established During the Marriage
The Earning Capacity and Educational Level of Each Spouse
The Relative Fault of the Parties (in Some Cases)
Contributions to the Marriage
Tax Consequences
Under Tennessee law, some types of spousal support can be modified if there is a significant change in circumstances. For example:
Alimony in futuro automatically ends if the recipient remarries or cohabitates with a new partner, and all forms of alimony end upon the death of either party unless otherwise stated.
Determining spousal support can be a complex and contentious issue in any divorce. Having an experienced family law attorney on your side is crucial to ensuring that your rights are protected and that any alimony arrangement is fair and reasonable. An attorney can:
At the Law Offices of Crystal Etue, PLLC, we understand that determining spousal support is a critical part of the divorce process. Our experienced family law attorneys are dedicated to helping clients navigate the complexities of alimony in Tennessee, whether you are seeking support or facing a request to pay it. We will work tirelessly to protect your interests and achieve the best possible outcome for your case.
If you have questions about spousal support or need legal assistance with your divorce, contact us today to schedule a consultation. We are here to provide the guidance and representation you need during this challenging time.
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