Knoxville Alimony Attorneys
Helping You Understand Alimony Laws in Tennessee
Alimony, also known as spousal support, is a court-ordered payment that one spouse makes to the other after a divorce. The purpose of alimony is to help the lower-earning spouse maintain the same standard of living they enjoyed during the marriage. Alimony is not awarded in every divorce case, and the amount and duration of alimony payments can vary widely.
At Held Law Firm, our Knoxville alimony lawyers can help you understand how alimony may apply to your case. We can also help you seek a fair alimony arrangement or fight against an unfair one. Our team has extensive experience with alimony cases and can provide the guidance you need.
How Is Alimony Calculated in Tennessee?
Alimony is not calculated using a specific formula in Tennessee. Instead, the court will consider a variety of factors to determine whether alimony is appropriate and, if so, how much should be paid and for how long.
Some of the factors the court will consider include:
- The length of the marriage
- The standard of living during the marriage
- The age and health of each spouse
- The earning capacity of each spouse
- The education and training of each spouse
- The assets and liabilities of each spouse
- The contributions of each spouse to the marriage
- The needs of each spouse
- The financial resources of each spouse
- The tax consequences of the alimony award
Once the court has considered these factors, it will determine whether alimony is appropriate. If so, the court will then decide how much should be paid and for how long. The court has a great deal of discretion in making these determinations, so it is important to have an experienced alimony attorney on your side.
Types of Alimony in Tennessee
There are several different types of alimony that can be awarded in Tennessee. The type of alimony that is awarded will depend on the specific circumstances of the case.
The different types of alimony in Tennessee include:
- Rehabilitative alimony: The lower-earning spouse receives this type of alimony to enable him or her to support themselves. The grant is usually for a limited period of time and is intended to help the spouse obtain employment training or education.
- Transitional alimony: Lower-earning spouses receive this kind of alimony in order to help them adjust to a new life. A spouse usually receives support until he or she can establish a new household and move out of the marital home.
- Alimony in futuro: This type of alimony is awarded to help the lower-earning spouse maintain the same standard of living they enjoyed during the marriage. It is typically awarded for a long period of time or until the spouse remarries or dies.
- Alimony in solido: This type of alimony is awarded as a lump sum. It is typically awarded to help the lower-earning spouse pay for the expenses associated with the divorce, such as attorney’s fees or moving costs.
Alimony in futuro and alimony in solido are the most common types of alimony in Tennessee. Rehabilitative alimony and transitional alimony are less common but may be awarded in certain cases.
Can Alimony Be Modified in Tennessee?
Alimony can be modified in Tennessee if there has been a significant change in circumstances. For example, if the spouse who is receiving alimony gets a new job and starts earning more money, the court may decide to reduce the amount of alimony that is being paid. Similarly, if the spouse who is paying alimony loses their job and is unable to find a new one, the court may decide to increase the amount of alimony that is being paid.
Alimony can also be modified if the spouse who is receiving alimony gets remarried. In Tennessee, alimony automatically terminates when the spouse who is receiving alimony gets remarried. Alimony can also be terminated if the spouse who is receiving alimony starts living with a new partner. However, the spouse who is paying alimony will need to file a petition with the court to have the alimony order modified or terminated.
Can Alimony Be Waived in Tennessee?
In Tennessee it is possible for alimony to be waived if the spouses agree to do so. If the spouses agree to waive alimony, the court will typically honor their agreement. However, the court will not honor the agreement if it is not fair to one of the spouses. For example, if one of the spouses is not represented by an attorney and does not understand what they are agreeing to, the court may decide not to enforce the agreement.
It is important to have an experienced Knoxville alimony attorney review any agreement before you sign it. An attorney can help you understand your rights and make sure that the agreement is fair to you.
How Long Do You Have to Be Married to Get Alimony in Tennessee?
There is no minimum length of marriage required to get alimony in Tennessee. However, the length of the marriage is one of the factors that the court will consider when deciding whether to award alimony. The court is more likely to award alimony in a long-term marriage than in a short-term marriage.
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