Is Permanent Alimony Ever Awarded in Tennessee?

person handing off envelope labeled alimony

Very few states offer permanent alimony during a divorce. While there is such a thing as long-term spousal support, called alimony in futuro, a divorced spouse in Tennessee will not generally be awarded permanent alimony. Work with a skilled Memphis, Tennessee alimony lawyer during your divorce case to ensure your marital rights are protected.

What Are the Four Types of Alimony in Tennessee?

Depending on the financial and general situation of the couple, a Tennessee court can issue four types of alimony during and after a divorce. They all serve different purposes and will be issued based on necessity.

  1. Transitional: Transitional or temporary alimony can be awarded during the divorce process. A spouse may not necessarily require spousal support forever but needs it while they endure the legal process and adjust to their new living situation. It typically ends the day that the divorce is finalized.
  2. Rehabilitative: This type of alimony is short-term. Each spouse is expected to become financially independent, so rehabilitative alimony can help financially support a spouse while they go back to school, train for a new career, or apply for jobs. This alimony will typically have a designated end date but can be extended by request.
  3. Alimony in Solido: While rare, alimony in solido can be issued and entails a lump sum being paid to the receiving spouse based on a number determined by the court.
  4. Alimony in Futuro: Alimony in futuro is a long-term spousal support plan and can sometimes be permanent. If the lower-earning spouse cannot reasonably become financially independent to the standard they are used to, the higher-earning spouse may be required to pay alimony indefinitely. For example, if the receiving spouse cannot work due to age, disability, or health, they cannot increase their earning capacity. Marriages that lasted for 20+ years are more likely to result in this type of alimony. Alimony in futuro may last any amount of time depending on the individual situation.

When Can Permanent Alimony End?

While permanent alimony is not recognized by Tennessee state law, alimony in futuro can last indefinitely under certain circumstances. When long-term alimony is granted a court often does not issue an end date. However, this type of alimony agreement will end in one way or another. Spousal support can either be terminated or modified if either spouse requests it. The following are some valid reasons that the alimony agreement may expire or be modified by a court.

  • Either spouse dies
  • The paying spouse retires
  • The supported spouse moves in with a new romantic partner
  • The supported spouse gets remarried
  • The paying spouse loses their job permanently due to reasons outside of their control
  • The paying spouse becomes disabled or falls ill

Alimony in futuro may or may not have an established end date. If not, it can sometimes be called permanent alimony. However, if any of the above become applicable a spouse can request that the alimony plan be reevaluated or voided. To protect your alimony rights contact a divorce attorney for legal counsel.