Can Spousal Support Be Modified Due to Retirement in Tennessee?

Tennessee state law recognizes four types of alimony: transitional, rehabilitative, alimony in solido, and alimony in futuro. These types of spousal support can be modified depending on certain circumstances, such as retirement or other financial changes. To learn more, read on and speak with a Memphis, Tennessee alimony lawyer today.

Which Types of Alimony Can Be Modified?

Before determining what the valid reasons are for modifying an alimony agreement, it is important to understand that not every type of spousal support will be eligible for a change.

Rehabilitative alimony and alimony in futuro can be modified, depending on the circumstances. However, transitional alimony and alimony in solido are not modifiable. These financial supports are either paid all at once or only last a short period of time, so there is no need or ability to alter the terms of the agreement.

Can Spousal Support Be Modified Due to Retirement in TN?

Spousal support agreements, while legally binding and enforceable, are not definite or set in stone. If you and your former spouse have a rehabilitative alimony order or alimony in futuro order, it is possible to have the agreement modified if there has been a significant change in circumstances.

According to Tennessee Code § 36-5-121, “the order or decree shall remain in the court’s jurisdiction and control, and, upon application of either party, the court may award an increase or decrease or other modification of the award based upon a showing of a substantial and material change of circumstances…”

Retirement can qualify as a substantial or material change of circumstances that can justify modifying or terminating spousal support. When an individual retires, they may see a decrease in income as they lose their standard paycheck. While many retirees receive income in other forms, such as Social Security benefits or pensions, it may not be as much as they once made.

How Does a Court Decide to Modify Alimony?

It is important ot note that a Tennessee court will not automatically reduce or terminate alimony because the paying spouse retires. First, the court must determine whether the retirement was reasonable and whether the individual retired because they reached full retirement age, had health issues, were forced out of the company, etc. If they chose to retire, especially if they retired early, it could be seen as an attempt to get out of paying alimony.

The court must also decide whether the individual’s retirement truly created a substantial and material change in circumstances. If the paying spouse continues to make approximately the same amount of money based on retirement pay, investments, pensions, etc., their retirement may not have a bearing on the spousal support agreement.

The court will also evaluate the factors outlined in § 36-5-121. These include the following.

• The earning capacity and needs of each party
• The education and training of each party
• The duration of the marriage
• The age and mental health of each party
• The physical health of each party
• The familial responsibilities of each party
• The separate assets of each party
• Provisions made with regard to marital property
• The standard of living established during the marriage
• The contributions of each party to the marriage
• The fault of each party
• Any other factors deemed necessary

If you have questions or concerns about alimony modifications, reach out to a skilled family lawyer today.