Can I Modify an Alimony Order in Tennessee?

Alimony is often awarded during a Tennessee divorce for a variety of reasons and is created based on the financial needs and abilities of each spouse at the time the marriage is terminated. However, circumstances change, and a support order that once made sense may later become unfair or unmanageable. If you’re wondering whether you can modify your spousal support order and the regulations around the topic, continue reading for more information and consult with an experienced Memphis, Tennessee alimony lawyer today.

What is Alimony?

Alimony is financial support paid by one spouse to the other after a separation or divorce. There are four types of spousal support recognized in Tennessee:

1. Rehabilitative alimony: Temporary support awarded to help a spouse become financially independent while they seek education, training, or work experience
2. Alimony in futuro: Also known as periodic alimony, this is long-term support awarded after marriages of a long duration
3. Transitional alimony: Short-term support awarded to help a spouse adjust to the economic impact of the divorce, but when rehabilitative alimony is not necessary
4. Alimony in solido: A specific amount of money paid in a lump sum (or installment), often to balance the division of marital assets

Can I Modify an Alimony Order in TN?

Yes, it is possible to modify an alimony order in Tennessee, given that certain conditions are met. In order for a court to approve an alteration of the support agreement, there must have been a significant change in circumstances that renders the order no longer effective.

The change must occur after the original order is issued and be substantial, long-lasting, and unexpected. For example, an involuntary major reduction in income, the development of serious illness or disability, the remarriage of the receiving spouse, or a drastic increase in expenses could all warrant a modification.

Temporary or voluntary changes like quitting a job or a minor, short-term illness usually do not qualify as a material change in circumstances.

What Types of Support Can Be Changed?

It is also important to note that not every type of support is subject to modification. When substantial and material changes in circumstances occur, alimony in futuro and rehabilitative alimony are modifiable.

Transitional alimony cannot be changed under normal circumstances, but exceptions exist if you and your spouse both agree, the original court order stipulates that it can be changed, or the recipient spouse lives with a third party.

Alimony in solido can never be changed unless both you and your spouse agree.

How Can I Request a Modification?

If you and your former spouse agree to change the alimony order, you can submit a written agreement for the court to approve. As long as it is fair and there is a valid reason for the adjustment, the court will likely accept the changes.

Otherwise, you can file a petition with the court requesting that a modification be granted. You must serve the petition on the other party. If a hearing is scheduled, you and your former spouse will have the opportunity to present evidence and arguments as to why you do or do not want a modification of the terms.

This process can be complex, so it is highly recommended that you secure the help of an experienced family lawyer.