By David Hudson and Ryan C. Davis
What Are the Different Types of Alimony in Tennessee?
Tennessee law recognizes four different types of alimony: (1) rehabilitative alimony; (2) alimony in futuro; (3) transitional alimony; and (4) alimony in solido (also called lump sum alimony). A judge may award these types of alimony separately or in combination.
Rehabilitative Alimony
The Tennessee statute on alimony, codified at Tenn. Code Ann. § 36-5-121, provides that rehabilitative alimony is favored. The law provides: “It is the intent of the general assembly that a spouse, who is economically disadvantaged relative to the other spouse, be rehabilitated, whenever possible, by the granting of an order for payment of rehabilitative alimony.” Thus, in a divorce, the economically disadvantaged spouse may be able to secure an award of this type of alimony. To be rehabilitated in this sense, means that the economically disadvantaged spouse receives an award that places the person to a standard of living “reasonably comparable” to the standard of living the party had before the divorce.
The law further provides that an award of rehabilitative alimony “may be increased, decreased, terminated, extended, or otherwise modified, upon a showing of a substantial and material change in circumstances.”
Alimony in Futuro
Alimony in futuro - sometimes called periodic alimony - is a type of alimony awarded sometimes where there is no way that a party can be rehabilitated. The Tennessee alimony statute explains: “An award of alimony in futuro may be made, either in addition to an award of rehabilitative alimony, where a spouse may be only partially rehabilitated, or instead of an award of rehabilitative alimony, where rehabilitation is not feasible.”
Alimony in futuro continues until the recipient either remarries or either party dies. It often lasts for a significant period of time. However, this type of alimony is usually less than rehabilitative alimony, as there is not enough money to place the party in the same standard of living as the parties had during the marriage.
Transitional Alimony
Transitional alimony is a type of alimony that is provided temporarily, for a shorter time period than rehabilitative alimony and a much shorter time period than alimony in futuro. This type of alimony applies when “rehabilitation is not necessary, but the economically disadvantaged spouse needs assistance to adjust to the economic consequences of a divorce.” In practice, transitional alimony is probably the most frequently used alimony in divorce cases in Tennessee.
Alimony in Solido
Alimony in solido, or lump sum alimony, may be awarded as the only type of alimony or as an additional type of alimony. It often applies when the economically disadvantaged spouse needs support to pay for attorney fees. Parties also sometimes use alimony in solido to equalize what would otherwise be an unequal division of the marital estate. Alimony in solido can be paid in one lump sum or in installments.
Click here for more information on how alimony is calculated in Tennessee.
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.
