By Jhoselin Revolorio and Ryan C. Davis
How Alimony is Calculated in Tennessee?
Divorce is never easy, and one of the more complicated aspects of a divorce can be the determination of alimony. In Tennessee, alimony (or spousal support) is awarded primarily based on a disadvantaged spouse’s financial need, and the other spouse’s ability to pay.
Types of Alimony in Tennessee
Tennessee recognizes four types of alimony, each with a different purpose:
- Transitional Alimony: This is probably the most common form of alimony in Tennessee. Transitional alimony is awarded when one spouse needs time to adjust to the financial changes following a divorce. It's usually short-term and helps the recipient transition to a new lifestyle. Transitional alimony is non-modifiable, meaning that neither party can go back to court to change the amount or duration of the alimony.
- Rehabilitative Alimony: Rehabilitative alimony is designed to support a spouse who needs time and financial assistance to become self-sufficient or receive career training. The goal is to help the receiving spouse gain the education or training necessary to re-enter the workforce. Rehabilitative alimony is modifiable, meaning that either party can go back to court and attempt to change the amount or duration of the alimony, if the disadvantaged party needs a shorter or longer period of time to rehabilitate their finances.
- Alimony in Solido (Lump-Sum Alimony): Also known as lump-sum alimony, alimony in Solido is a fixed amount of money that is paid either in one payment or in installments. It is often used to balance the division of marital property. Alimony in Solido is typically non-modifiable.
- Alimony in Futuro: This is long-term alimony is awarded when it's unlikely that the receiving spouse will ever become financially independent. Alimony In Futuro is typically only appropriate in divorces involving marriages of long duration, and where one spouse was financially disadvantaged throughout the majority of the marriage. Alimony In Futuro is typically paid until the receiving spouse remarries or either spouse dies, and it can be modified if the financial circumstances of either party changes significantly.
Factors Considered in Alimony Calculations
In Tennessee, there is no set formula for calculating alimony. Instead, the courts consider a variety of factors to determine the amount and duration of the support, including:
- Each spouse’s earning capacity, debts, and financial resources;
- The education and earning potential of each spouse;
- The duration of the marriage;
- The age, mental, and physical condition of each spouse;
- The impact of employment on the children’s best interests;
- The division of marital property;
- The standard of living during the marriage; and
- Any fault or misconduct by either spouse, where relevant.
Reach out to the divorce attorneys at Ryan C. Davis Law, PLLC for comprehensive legal guidance in all aspects of family law, including alimony. Call 615-649-0110 to schedule a consultation today.
