One of the most contested issues in a divorce is alimony payments. To learn more about the different types awarded in Tennessee, read on and reach out to our skilled Memphis, Tennessee alimony lawyer.
What types of alimony are available in Tennessee?
In the state of Tennessee, alimony payments are considered to be temporary and rehabilitative, which is why it is referred to as rehabilitative alimony. If temporary alimony cannot bring restoration, then the court can, in appropriate cases, order alimony on a long-term or indefinite basis. Transitional alimony is awarded when the court finds rehabilitation is not required, but a spouse still needs some help.
Indefinite alimony is referred to as alimony in futuro. Alimony in futuro has not been awarded as frequently. Alimony in futuro can be raised or lowered over time if there is a change in the situation. If you do not get alimony at the time of the divorce, you cannot get alimony later on. Alimony in solido is a concrete amount of money or property awarded rather of periodic payments, and it cannot be changed. Keep in mind that husbands can get alimony from wives.
What factors does a court consider when making alimony determinations?
Alimony payments are based on the needs and resources of both parties. The legislature set out standards for the court to assess when making alimony decisions, including the following:
- 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;
- The fault of one of the parties (if the court wants to);
- Tax consequences;
- Other factors that the court considers appropriate.
It is important to note that 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 reduced or eliminated. Death of one of the persons paying or receiving alimony or marriage of the person receiving alimony will terminate alimony in futuro and rehabilitative alimony unless the divorce settlement agreement states otherwise. The court can order life insurance as a bond or put a lien on the property to make sure that the payment of alimony or child support is made.
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If you require strong legal representation for matters of divorce and family law in Memphis or anywhere in Tennessee, contact Rice Law to schedule a consultation with one of our experienced attorneys today.