Guiding clients effectively through the contentious process of determining spousal support
Working out the spousal support, or alimony, portion of the divorce settlement is often a significant source of conflict in an already adversarial divorce proceeding. At Pate & Knott, our divorce attorneys know there are no real winners in matrimonial disputes. We are on your side every step of the way, protecting your interests, fighting for what is rightfully yours. We serve clients throughout Rutherford County, Bedford County, DeKalb County, Wilson County, Smith County, Lincoln County, Warren County and Williamson County.
Types of spousal support
Alimony, now more commonly called spousal support, is the payment made from one spouse to another after a divorce. The intention of alimony is to provide for equity in lifestyle after the marriage ends. An award of spousal support is at the discretion of the court, and while there are no set formulas for determining alimony payments, our Murfreesboro alimony attorneys will advise you on whether or not you are eligible to receive it, or be required to pay. TN Alimony Laws allow for four basic categories of alimony:
- Alimony in futuro – Alimony in futuro, also referred to as periodic alimony, is long-term spousal support customarily awarded when the court finds that rehabilitation of the disadvantaged spouse is not feasible. It terminates automatically upon the death or remarriage of the recipient.
- Alimony in solido – This is lump-sum alimony with the intention to provide financial support to the financially disadvantaged spouse, and may also cover attorney fees.
- Rehabilitative alimony – Rehabilitative alimony has the intention to support the economically disadvantaged spouse in achieving an earning capacity that is reasonably comparable to their standard of living during the marriage.
- Transitional alimony – Transitional alimony is paid either in a lump-sum or for a fixed period of time. It is awarded by the court when it finds that rehabilitative alimony is not necessary, but the economically disadvantaged spouse needs financial assistance adjusting to the economic impact of the divorce.
Understanding and calculating alimony in TN
In Tennessee, the court considers a host of relevant factors when it comes to whether or not alimony or spousal maintenance will be awarded, how much and for how long it will be paid. Some of the factors for granting alimony include:
- Relative earning capacity, obligations and financial resources of each party
- Education and training of each party
- Duration of the marriage
- The age of each party
- Standard of living established during the marriage
- Separate assets
- How the marital assets were divided
- Level of contribution each party has made to the education or increased earning power of the other party
- Relative fault of the parties at the discretion of the court
- Tax consequences
Either spouse may seek alimony, or the court may also consider other factors it deems necessary in order to achieve equity between the parties. At Pate & Knott, our Murfreesboro spousal support attorneys have helped countless clients sort through the turmoil of determining and agreeing upon a mutually-acceptable alimony and spousal maintenance award.