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Can I avoid paying alimony in Tennessee?

If you are going through a divorce and you earn a higher income than your divorcing spouse, you may be concerned that forced alimony or spousal support payments will financially cripple you for years to come.

The fact is that alimony is very common at the end of a divorce in Tennessee, but whether the judge will order it depends on many different factors. The following are some factors that can influence whether or not you have to pay alimony to your spouse:

The marital property was divided in their favor

If your spouse was given a very favorable portion of marital assets, you may be able to argue that this mitigates the need for alimony payments. For example, if your spouse kept the family home, a car, and a large portion of bank assets, they may not be entitled to alimony.

Your divorcing spouse has the capacity to earn a higher income

Your divorcing spouse may not currently have an income, but they may have a high earning potential. If your spouse is simply choosing not to work, but they have the time and the qualifications to be highly employable, it’s not your responsibility to make up for that loss in income.

Your marriage was very short

The length of a marriage plays a big part in alimony payments. If you were married for less than 5 years, alimony may not be ordered by the divorce court.

If you are considering going through a divorce but you’re worried about the financial implications that it could have, it is important that you take the time to consider how the law applies.


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Practicing in Bartlett Since 1977

Attorney Jeffrey H. Jones is held in high regard among peers, clients and judges throughout the Memphis area.

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