Many people assume that one spouse automatically receives alimony after a divorce. That isn't how Tennessee law works. Alimony is not guaranteed, even in a long-term marriage.
Getting divorced doesn't automatically mean one spouse will pay alimony or that the other spouse will receive it. Before ordering any type of spousal support, a judge looks at the facts of the case. Two questions usually carry the most weight:
- Does one spouse have a financial need for support?
- Does the other spouse have the ability to pay it?
If the answer to either question is no, alimony may not be appropriate. Even when both answers are yes, that doesn't mean support will automatically be awarded. There are many other facts to consider before making a decision.
How Is Alimony Decided in Tennessee?
Unlike child support, there isn't a formula that determines whether someone receives alimony. Judges have discretion to evaluate each marriage based on its own facts.
While every case is different, Tennessee law places significant emphasis on one spouse's need for financial support and the other spouse's ability to provide it. Those two factors often drive the conversation, but they're not the only things considered.
A judge may also look at:
- The length of the marriage.
- Each spouse's income and earning capacity.
- Education, training, and future employment opportunities.
- The age and health of each spouse.
- The standard of living established during the marriage.
- Contributions each spouse made during the marriage, including raising children or supporting the other spouse's career.
- Each spouse's separate assets and financial resources.
Looking at the entire financial picture helps the court decide whether alimony is appropriate and, if so, what type of support makes the most sense.
Tennessee Recognizes Four Types of Alimony
Even when a judge decides alimony should be awarded, the next question is what type of support best fits the situation. Tennessee recognizes four different forms of alimony, and each serves a different purpose.
Rehabilitative Alimony
Rehabilitative alimony is designed to help a spouse become financially independent. It often gives someone time to complete school, receive job training, or develop the skills needed to increase their earning capacity. The goal is to help the receiving spouse become self-supporting whenever possible.
Transitional Alimony
Sometimes a spouse doesn't need long-term financial support but still needs help adjusting to life after divorce. Transitional alimony provides temporary assistance during that adjustment period. This type of support isn't intended to fund education or job training. Instead, it helps bridge the financial gap while someone transitions into their new circumstances.
Alimony in Futuro
Alimony in futuro, sometimes called periodic alimony, may be awarded when one spouse isn't expected to become financially self-sufficient after the divorce. These payments are generally ongoing and are more common in situations involving long-term marriages, significant differences in earning capacity, or health issues that limit a spouse's ability to work.
Alimony in Solido
Alimony in solido is a fixed amount that cannot typically be modified after it's awarded. It may be paid in a lump sum or through scheduled payments and is often used when addressing attorney's fees or balancing financial obligations during the divorce.
Does a Long Marriage Guarantee Alimony?
No. The length of the marriage is a factor, but it doesn't guarantee that alimony will be awarded. A spouse in a long-term marriage may still need to prove a financial need, and the other spouse must still have the ability to pay support.
Likewise, a shorter marriage doesn't automatically prevent someone from receiving alimony. The facts of the case always matter more than any single factor.
Can You Ask for Alimony During a Divorce?
Yes, but requesting alimony and receiving it are two different things.
If you're seeking spousal support, you'll need to present evidence showing why an award is appropriate under Tennessee law. If your spouse is requesting alimony from you, the court will evaluate the same legal factors before deciding whether support should be ordered. Every divorce presents a different financial picture, which is why no attorney can honestly promise that alimony will or won't be awarded without first reviewing the facts.
Questions About Alimony or Divorce?
Whether you're concerned about paying alimony, believe you may be entitled to receive spousal support, or simply have questions about how Tennessee divorce laws apply to your situation, getting reliable legal guidance can make a significant difference.
The Law Offices of Amanda J. Gentry represents clients throughout Middle Tennessee in divorce, alimony, child custody, and other family law matters. If you're facing a divorce or another family law issue, contact our team to schedule a consultation and learn how we can help protect your rights.
