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What are the laws surrounding spousal support in Tennessee?

On Behalf of | Oct 11, 2021 | Alimony

Tennessee doesn’t guarantee spousal support when a couple divorces, though it’s a possibility. The court looks at whether there is a legitimate legal reason for one person to receive financial help from his or her ex. It also considers an individual’s ability to pay.

Factors that decide spousal support

Some of the factors that a judge looks at are how long the marriage lasted, the couple’s married standard of living and how the couple divided their marital property. The goal is to come to a decision that’s fair and reasonable. Each person’s financial situation influences the court’s decision. The law states that both parties must have enough money to cover their own basic living expenses. Tennessee also considers each person’s physical and mental condition and age.

Rarely lasts forever

There are different types of spousal support under Tennessee family law, and most of them don’t allow permanent financial assistance. A person would have to be incapable of working and married to his or her ex long enough for a judge to consider giving him or her permanent spousal support.

Types of alimony

The four types of alimony in Tennessee are transitional, rehabilitative, alimony in solido and alimony in futuro. Transitional is for situations in which one spouse requires financial help to adjust to living on one income. Rehabilitative alimony is for helping a person receive the job training he or she needs to support him or herself. If a person needs long-term financial support, he or she may receive alimony in solido or alimony in futuro. Solido is a lump sum over installments. Futuro is regular payments over an extended period in situations in which the spouse isn’t able to enter the workforce.

When a person needs financial assistance after a divorce, different types of alimony could help. However, Tennessee considers the ability of the other spouse to pay before stipulating spousal support.