Sadly, not all marriages work out. When a marriage fails, couples often seek a divorce. Regardless of the divorce route a couple chooses, the court will sort out issues such as child custody, property distribution, child support, alimony, and other major issues. If the courts deem it reasonable, they may require a higher-earning spouse to provide financial support to the lower-earning spouse to maintain the standard of living established during the marriage. This form of payment after or during a divorce is referred to as alimony or spousal support. Oftentimes, spouses make the mistake of believing alimony is automatically guaranteed. However, it must be requested. The courts will evaluate several factors to determine whether it is appropriate to award a spouse alimony. If you are seeking a divorce, contact an experienced Memphis, Tennessee Alimony Lawyer who can help you understand what factors the court will consider in determining if you should be awarded or have to pay alimony.
Can my spouse be denied alimony in Tennessee?
In Tennessee, the court is required to evaluate several factors to determine whether a spouse should be awarded alimony. Essentially, the two main factors the court evaluates to determine whether a spouse is awarded alimony are whether the spouse who requested they receive alimony needs financial support and whether their spouse can afford it. Ultimately, a spouse may be denied alimony if they do not need financial support to maintain the standard of living established during the marriage. Additionally, the court may deny a spouse alimony if the higher-earning spouse cannot afford maintenance payments. Alimony is usually only granted if a couple’s situation warrants it.
Can adultery affect spousal support?
In some states, adultery can affect an alimony award. Tennessee is one of those states. Couples who undergo the divorce process in Tennessee are entitled to cite grounds of adultery. As mentioned above, the court considers several factors when determining whether a spouse should be granted alimony. The court may take into account the spouse’s “relative fault” or grounds for divorce. Essentially, this means the court can take adultery into account when determining whether a spouse should receive alimony. Nevertheless, although adultery can be taken into account, it is not the only factor evaluated. The court considers other aspects such as the duration of the marriage, the health of both parties, their abilities and potential earning capacity, the standard of living the parties were accustomed to during the marriage and any other appropriate factors. Ultimately, alongside these factors, adultery or “relative faults” can affect whether a spouse is awarded alimony.
If you are seeking alimony or your spouse is requesting you pay it, don’t hesitate to reach out to our adept and determined team members. Our firm is committed to helping our clients achieve favorable results.