As you contemplate a divorce in Nashville, your immediate concerns often center on your daily life and financial stability. If you have been the primary breadwinner, you may worry about how much of your income will go toward supporting your former spouse. If you have sacrificed your career to care for your home and children, you may wonder how you will pay your bills once the marriage ends. These concerns point directly to the issue of alimony, or spousal support. At Rogers, Shea & Spanos, our divorce lawyers in Nashville help our clients navigate these sensitive waters with clarity and compassion.
Tennessee law recognizes that divorce can leave one spouse at a significant economic disadvantage. Alimony is designed to bridge that gap. However, alimony is not granted automatically in every case. The court first determines if there is a “need” on the part of one spouse and an “ability to pay” on the part of the other. These are the two most critical factors. If one spouse has a high income and the other has stayed out of the workforce for twenty years, the need and the ability to pay are usually clear. In other cases, the situation may be more nuanced, requiring a deeper look at the lifestyle established during the marriage.
There are four distinct types of alimony in Tennessee, and we help you understand which might apply to your situation. “Alimony in futuro” is long term support often granted in lengthy marriages where one spouse cannot reach the same standard of living as the other and be rehabilitated to the point of earning an adequate wage by returning to the workforce. “Rehabilitative alimony” is intended to help a spouse get back on their feet through education or training so that they can reenter the workforce. “Transitional alimony” is a short term solution for those who need help adjusting to the immediate economic consequences of divorce. Finally, “alimony in solido” is a lump sum payment, often used to balance out the division of property. Each type serves a specific purpose, and we work to ensure the arrangement fits your unique circumstances.
Ultimately, the Courts will determine the division of marital assets and debt as well as determine child support (when applicable) prior to determining alimony or spousal support. The Courts do this to determine:
1) whether assets either party receives in a divorce are income producing,
2) what each parent’s’ total monthly net income is vs. total monthly expenses,
3) what child support obligation exists for a parent or how much child support a parent will receive,
After this analysis is complete, the Court can more accurately determine what need the spouse requesting support actually has and whether the spouse expected to pay alimony has the ability to do so. While these are not exclusive factors, they are paramount in any alimony calculation or determination.
Beyond need and ability to pay, the court considers several other factors when awarding alimony. These include the duration of the marriage, the physical and mental health of both parties, and the distribution of marital property. In Tennessee, the court can also consider “fault” in the marriage when determining alimony, though it is only one of many factors. We take the time to listen to your story and gather the evidence necessary to present a compelling case, whether we are seeking support on your behalf or defending against an unreasonable request.
At Rogers, Shea & Spanos, we bring decades of experience to the table. We know how Nashville judges approach these decisions and we use that knowledge to your advantage. Our goal is to reach an arrangement that is sustainable and fair. We pride ourselves on being professional advocates who understand the personal nature of these disputes. We will stand by you, providing the guidance you need to make informed decisions about your financial future and ensuring that your voice is heard throughout the legal process.