Memphis, Tennessee Alimony Lawyer

Alimony is among the most hotly contested issues in divorces, and if you are facing a conflict regarding alimony in your divorce, you need an experienced Memphis, Tennessee alimony lawyer on your side. Contact Rice Law to learn more about how alimony is calculated in Tennessee and how our legal team can assist you through each phase of the process ahead.

Do I Need a Lawyer to Handle Alimony Issues in Memphis, Tennessee?

Whether you are someone who is seeking alimony or your spouse is asking you to pay it, you should never proceed without the services of a competent Shelby County, Tennessee divorce lawyer. Speak with us today so we can get started.

Types of Alimony in Memphis, Tennessee

Alimony is supposed to be temporary and rehabilitative, hence the term rehabilitative alimony. If temporary alimony cannot bring about rehabilitation, then the court can, in proper circumstances, order alimony on a long-term or indefinite basis. Transitional alimony is awarded when the court finds rehabilitation is not necessary, but a spouse still needs some assistance.

Indefinite alimony is called alimony in futuro. Alimony in futuro is granted less often these days. Alimony in futuro can be raised or lowered over time if there is a change of circumstances. If you do not get alimony at the time of the divorce, you cannot get alimony later on. Alimony in solido is a definite amount of money or property awarded instead of periodic payments, and it cannot be modified. Husbands can get alimony from wives. In Tennessee, a statute applies to alimony.

How Courts Determine Alimony in Tennessee

Alimony is based upon the relative needs and resources of the parties. The legislature set out criteria for the court to consider, and they include the following:

• Relative earning capacity, needs and obligations–this includes income from pension, profit sharing and all sources;
• Education and ability of the parties, as well as opportunities for additional education;
• Length of the marriage;
• Age, physical, and psychological condition of the two parties;
• Whether or not one of the parties should stay at home with the child(ren) of the parties instead of working;
• Separate property a person has;
• Marital property a person gets;
• Standard of living the parties enjoyed during the marriage;
• Tangible and intangible contributions of a homemaker and the tangible and intangible contributions of one party to the education, training, or increased earning power of the other party;
• Fault of one of the parties (if the court wants to);
• Tax consequences;
• Other factors that the court considers appropriate.

Living with someone after the divorce, regardless of whether you have an intimate relationship or not, may cause alimony in futuro or rehabilitative alimony to be lowered or stopped. The death of one of the persons paying or receiving alimony or the marriage of the person receiving alimony will terminate alimony in futuro and rehabilitative alimony unless the divorce settlement agreement provides otherwise. The court can require life insurance as a bond or put a lien on property to ensure the payment of alimony or child support.

Enforcement of Alimony Orders in Tennessee

When a court issues an alimony order, that order carries the same weight and enforceability as any other judgment of the court, and failure to comply with it is not treated lightly. In other words, once an obligation to pay has been established, the paying spouse cannot simply decide to stop or alter the payments on their own. If an order is not being followed, the receiving spouse has the right to return to court to seek enforcement, and the judge has several tools at their disposal to ensure compliance.

Courts may order wage garnishment, which allows payments to be taken directly from the paying spouse’s paycheck and sent to the recipient. A lien can also be placed on real property or other assets to secure payment, meaning the debt must be satisfied before the property can be sold or transferred. In more serious situations, a court may hold the non-paying spouse in contempt, which can lead to fines, additional orders, or even jail time until compliance is achieved. Tennessee courts may also require the purchase of life insurance, or use bonds, as a way to secure future alimony obligations and ensure that payments continue even if the paying spouse dies.

Because alimony obligations can stretch over many years, enforcement issues are not uncommon. The law is designed to protect the stability of the receiving spouse and to maintain the integrity of the court’s orders. For this reason, it is always better for a paying spouse who is struggling financially to formally seek a modification through the court, rather than risk penalties by falling behind on payments without permission.

That said, if your former spouse is refusing to make regular, court-ordered alimony payments, you can depend on a seasoned family lawyer from Rice Law to effectively represent your interests, every step of the way.

Contact a Memphis, Tennessee Alimony Lawyer

We understand just how contentious matters involving alimony can be during and even after the divorce process. We are on your side, and we are here to fight for the positive outcome you deserve. Rice Law has the vast experience and extensive knowledge to help you understand alimony and your divorce. Contact our team today online or at (901) 526-6701.