Spousal support, or alimony, is one of the most contentious issues during a divorce. Alimony is a financial obligation that one spouse may have to the other during or after a divorce to ensure that a lower-earning party is not significantly burdened by the end of the marriage. There are a few different types of alimony that can be awarded by the court depending on the specifics of the relationship and divorce. To learn more and secure skilled legal representation, contact a knowledgeable Memphis, Tennessee alimony lawyer today.
What Are the Types of Alimony in TN?
If you are getting a divorce in Tennessee, understanding the various types of alimony available is crucial in protecting your rights and understanding the options available to you. Consider the following.
Rehabilitative alimony
Rehabilitative alimony is a payment that the higher-earning spouse makes to the other as a way to continue financially supporting them as they grow accustomed to life in the workplace. They may require time, education, and training to become financially independent. Once the lower-earning spouse has been rehabilitated, the obligation is generally fulfilled.
In this context, a spouse is considered rehabilitated when they “achieve, with reasonable effort, an earning capacity that will permit the economically disadvantaged spouse’s standard of living after the divorce to be reasonably comparable to the standard of living enjoyed during the marriage, or to the post-divorce standard of living expected to be available to the other spouse…”
Rehabilitative alimony can be modified if there is a substantial change in circumstances that warrants an increase, decrease, termination, or extension.
Alimony in futuro
Also referred to as periodic alimony, alimony in futuro is designed to provide long-term support to a lower-earning spouse when it is unlikely that they will ever successfully rehabilitate. If a spouse cannot become self-sufficient due to their age, health, or a disability, alimony in futuro can be granted on a long-term basis or until the receiving spouse remarries or dies.
Transitional alimony
Transitional alimony can be awarded when the court determines that rehabilitation is not needed, but the lower-earning spouse may require financial assistance while adjusting to their new lifestyle and financial situation.
Alimony in solido
Alimony in solido, also known as lump-sum alimony, is a form of long-term support. The amount is determined by the court’s calculation on the day of the divorce decree, but the payments can be made either as one lump sum or in installments over time. This allows the lower-earning spouse to obtain financial support and also helps when determining equitable distribution. Alimony in solido is not modifiable unless both parties agree, and is not terminated upon the death or remariage of either party.
If you are going through a divorce in Tennessee, it is imperative that you fully understand your legal rights and options. Work with an experienced attorney for more information today.