Alimony, also known as spousal support, is one of the most debated topics in Nashville divorce cases. Unlike child support, which follows a strict mathematical formula, alimony is determined based on a variety of subjective factors. There is no simple calculator that tells you exactly how much alimony will be paid or for how long. Instead, Tennessee law provides a framework for judges to use their discretion.
The primary considerations for any alimony award in Tennessee are the “need” of the disadvantaged spouse and the “ability to pay” of the supporting spouse. If one spouse has a significant financial need but the other spouse barely has enough to cover their own basic living expenses, alimony may be minimal or not awarded at all.
According to Tennessee Code Annotated Section 36-5-121, the court looks at several factors to decide the nature, amount, and duration of support. These factors include the length of the marriage, the physical and mental condition of each spouse, and the relative earning capacity of each party. The court also considers the separate assets owned by each spouse and the provisions made regarding the division of marital property.
The “standard of living” established during the marriage is another key factor. While it is rarely possible for both spouses to maintain the exact same lifestyle in two separate households as they did in one, the court tries to ensure that the transition is not devastating for the lower-earning spouse.
Tennessee recognizes four distinct types of alimony:
- Rehabilitative Alimony: Intended to help a spouse get back on their feet through education or training.
- Alimony In Futuro: Long-term support is typically awarded in long marriages where one spouse is unlikely to ever reach a standard of living comparable to the other and is unable to either be rehabilitated or fully rehabilitated.
- Alimony In Solido: A lump sum payment, often used to balance the division of property.
- Transitional Alimony: A short-term award used when rehabilitation isn’t necessary, but help is needed to adjust to the financial consequences of divorce.
It is also worth noting that “fault” can play a role in alimony decisions in Tennessee. While it is not the only factor, if one spouse’s misconduct, such as infidelity or financial waste, led to the breakdown of the marriage, the judge can take that into account when determining the amount of support.
Because alimony is so discretionary, having a skilled advocate is essential. You need someone who can clearly present your financial needs or defend against unreasonable demands.
At Rogers, Shea & Spanos, we have extensive experience handling complex financial disputes in divorce. As a Nashville family law attorney, we work with financial experts when necessary to build a compelling case for our clients. Whether you are seeking support to start your next chapter or you need to ensure that an alimony request is fair and sustainable, we provide the sophisticated legal representation required to achieve a just result.