Knoxville Alimony Lawyer - Barnes & Fersten
Alimony Attorneys In East Tennessee
Talk With a Knoxville Alimony Lawyer
Call Barnes & Fersten: 865-805-5703
Alimony can be one of the most financially significant issues in a Tennessee divorce. If one spouse earns substantially more than the other, stayed home to raise children, stepped away from a career during the marriage, or has fewer opportunities to become financially independent after divorce, spousal support may become an important part of the case.
For the spouse who may be required to pay alimony, the stakes can be just as significant. The amount, duration, and type of support can affect financial planning for years after a marriage ends.
Barnes & Fersten represents clients in Knoxville and throughout East Tennessee in alimony and other family law matters. Whether you are seeking support, responding to an alimony request, negotiating the terms of a divorce, or dealing with an existing alimony order, our attorneys can help you understand how Tennessee law applies to your circumstances and develop a strategy for moving forward.
If you are still considering the broader legal and financial issues involved in ending a marriage, our Knoxville divorce lawyer page explains more about the Tennessee divorce process.
How Does Alimony Work in Tennessee?
Alimony, also called spousal support, is money paid by one spouse for the benefit of the other spouse. Tennessee courts may award alimony in a divorce, legal separation, or separate-maintenance proceeding.
Alimony is not automatic simply because one spouse earns more than the other. A judge must consider the circumstances of the parties and determine whether support is appropriate. If alimony is warranted, the court must then determine what type of support should be awarded, how much should be paid, how long the payments should continue, and how the payments should be made.
These rules are primarily set out in Tennessee Code Annotated § 36-5-121, Tennessee’s principal alimony statute.
Tennessee law recognizes that a marriage can create economic advantages for one spouse and disadvantages for the other. For example, one spouse may have focused on a career while the other assumed greater responsibility for raising children or maintaining the household. Tennessee law expressly recognizes homemaking and parenting contributions alongside economic contributions when courts evaluate spousal support.
Because every marriage has different finances and circumstances, two divorces involving similar incomes can still produce very different alimony results.
What Are the Four Types of Alimony in Tennessee?
Under Tennessee’s alimony statute, courts may award four primary forms of support: rehabilitative alimony, alimony in futuro, transitional alimony, and alimony in solido. Depending on the circumstances, a court may award one form or a combination of different forms.
Rehabilitative Alimony
Rehabilitative alimony is intended to help an economically disadvantaged spouse improve his or her earning capacity.
For example, a spouse who left the workforce during a marriage might need additional education, professional licensing, job training, or time to reenter a career. Rehabilitative support may provide financial assistance while that spouse works toward greater economic independence.
Tennessee law expresses a preference for rehabilitation when it is reasonably possible. Whether rehabilitation is realistic, however, depends on factors such as the spouse’s education, work history, age, earning potential, available training opportunities, and the circumstances of the marriage.
Rehabilitative alimony can potentially be modified when there has been a substantial and material change in circumstances. Additional requirements may apply when a recipient seeks to extend the original term or increase the amount of rehabilitative support.
Transitional Alimony
Transitional alimony can be awarded when rehabilitation is not necessary but an economically disadvantaged spouse needs financial assistance adjusting to the economic consequences of divorce.
For example, a spouse may already have an established career and not need additional education or training but still face a substantial financial transition from a two-income or higher-income household to maintaining a separate household after divorce.
Transitional alimony generally lasts for a definite period.
Unlike rehabilitative alimony, transitional alimony is generally nonmodifiable unless the parties agreed otherwise, the court provided otherwise in the original order, or another statutory exception applies. For that reason, the precise language used in a marital dissolution agreement or final divorce decree can have significant long-term consequences.
Alimony in Futuro
Alimony in futuro, sometimes called periodic alimony, is a longer-term form of spousal support.
A court may consider alimony in futuro when one spouse is economically disadvantaged and rehabilitation is not feasible. Tennessee law considers whether the disadvantaged spouse can reasonably achieve an earning capacity that would permit a post-divorce standard of living reasonably comparable to the marital standard of living or the standard expected to be available to the other spouse.
Alimony in futuro remains subject to the court’s control and may potentially be increased, decreased, extended, terminated, or otherwise modified when the legal requirements for modification are satisfied.
It generally terminates automatically upon the recipient’s death or remarriage and is also subject to Tennessee’s rules concerning an alimony recipient who lives with another person.
Alimony in Solido
Alimony in solido is also known as lump-sum alimony. The total amount of the obligation is ascertainable when it is awarded, although it can be paid either at once or in installments over a definite period.
Alimony in solido can be used to provide financial support, assist in the equitable distribution of marital property, or both. Tennessee law also permits an appropriate award of attorney’s fees and expenses as alimony in solido.
A final award of alimony in solido generally cannot be modified except by agreement of the parties. It also does not automatically terminate upon the death or remarriage of either party.
Understanding which type of alimony is being requested or negotiated is important because the classification can affect the duration of support, whether it can later be modified, and what events may terminate the obligation.
How Do Tennessee Courts Decide Whether to Award Alimony?
When determining alimony, Tennessee courts evaluate the circumstances of the marriage using the factors contained in Tenn. Code Ann. § 36-5-121. Those considerations include:
- Each spouse’s earning capacity, financial obligations, needs, income, and other financial resources
- Each spouse’s education and training
- Whether additional education or training is reasonably available
- The duration of the marriage
- The age of each spouse
- Each spouse’s physical and mental condition
- Responsibilities involving minor children
- Each spouse’s separate property
- The division of marital property
- The standard of living established during the marriage
- Financial and nonfinancial contributions to the marriage
- Relative fault, when the court determines it is appropriate to consider fault
- Tax consequences
- Other considerations necessary to reach an equitable result
No single factor determines whether alimony will be awarded. A difference in income can be important, but courts may also consider each spouse’s earning capacity, expenses, debts, assets, retirement income, education, and ability to become more self-supporting. While numerous factors can be relevant, the recipient spouse’s financial need and the other spouse’s ability to pay are often particularly important parts of the analysis.
The length of the marriage also matters, but Tennessee does not impose a minimum number of years a couple must be married before alimony may be awarded. Marriage duration is considered alongside the parties’ financial circumstances and other statutory factors.
Courts may also consider how each spouse contributed to the marriage. Those contributions are not limited to income. Raising children, maintaining the household, relocating for a spouse’s career, or supporting the other spouse’s earning potential can all be relevant to the alimony analysis.
How Much Alimony Will I Pay or Receive in Tennessee?
One of the first questions clients often ask is, “How much will alimony be?”
There is no statutory Tennessee alimony formula that produces a fixed amount based solely on the spouses’ incomes.
Instead, the court considers the statutory factors and evidence presented in the individual case. The recipient’s reasonable financial needs and the potential paying spouse’s ability to meet those needs while addressing his or her own obligations can be particularly important.
That makes accurate financial information essential. Income documentation, bank records, tax returns, budgets, recurring expenses, retirement accounts, bonuses, business records, debt obligations, assets, and other financial evidence may all become relevant depending on the case.
Is There a Tennessee Alimony Calculator?
You may find websites offering a “Tennessee alimony calculator,” but those estimates should be viewed cautiously. Unlike Tennessee child support, Tennessee’s alimony law does not establish a universal mathematical formula for calculating spousal support.
An online estimate cannot fully account for matters such as the length of the marriage, property division, earning capacity, reasonableness of claimed expenses, marital standard of living, or the particular form of alimony that may be appropriate.
A meaningful alimony analysis usually requires looking at the complete financial picture.
How Long Does Alimony Last in Tennessee?
There is no single duration that applies to every Tennessee alimony award. How long support lasts depends substantially on the type of alimony ordered and the facts of the case.
Rehabilitative alimony may continue while a spouse works toward becoming more financially self-sufficient. Transitional alimony generally lasts for a defined period intended to assist with the economic adjustment after divorce. Alimony in futuro can provide longer-term support when rehabilitation is not feasible. Alimony in solido involves a fixed total obligation, even when it is paid in installments.
The duration of the marriage is one factor courts consider, but Tennessee law does not establish a rule that automatically guarantees alimony after a particular number of years.
Does Adultery Affect Alimony in Tennessee?
Adultery can potentially affect an alimony determination, but it does not create an automatic rule that one spouse must receive or lose alimony.
Tennessee’s alimony statute allows a court to consider the relative fault of the spouses when the court determines that doing so is appropriate. Fault is only one of the statutory considerations, however. The court must still consider the financial circumstances and other factors relevant to the alimony determination.
For that reason, the financial consequences of adultery or other alleged marital misconduct cannot usually be determined by looking at the conduct in isolation.
Can Alimony Be Changed After a Tennessee Divorce?
Some Tennessee alimony awards can be modified after divorce, while others generally cannot. The answer depends heavily on what type of alimony was awarded and what the divorce decree or marital agreement says.
Rehabilitative alimony and alimony in futuro can potentially be modified based on a substantial and material change in circumstances. Transitional alimony is generally nonmodifiable unless the parties agreed otherwise, the original order provides for modification, or another statutory exception applies. A final award of alimony in solido generally cannot be modified except through agreement of the parties.
Changes involving employment, income, health, retirement, remarriage, or living arrangements can raise modification questions, but the existence of a change does not necessarily mean an obligation automatically changes.
Someone subject to an existing order should not simply stop or reduce payments based on their own conclusion that circumstances have changed. An attorney can review the original order and determine whether court action may be appropriate.
Does Alimony End If My Former Spouse Remarries?
It depends on the type of alimony.
Alimony in futuro automatically terminates upon the remarriage of the recipient under Tennessee law. Transitional alimony does not necessarily terminate upon remarriage unless the original order provides for that condition. Alimony in solido does not terminate simply because the recipient remarries.
Because the rules differ significantly between forms of alimony, the language contained in the divorce decree should be reviewed before determining whether payments should stop.
Can Spouses Agree on Alimony Without Going to Trial?
Yes. Spouses can negotiate alimony as part of a broader divorce settlement rather than asking a judge to decide the issue after a trial.
Negotiations may address:
- Whether alimony will be paid
- The amount of support
- How long payments will continue
- The type of alimony involved
- Conditions that may terminate support
- Whether modification will be permitted when legally allowed
- How alimony interacts with property division and other financial terms
Tennessee law permits agreements concerning spousal support to be incorporated into a divorce decree.
Resolving alimony by agreement can give spouses greater control over the financial terms of their divorce. However, the wording of an agreement can have significant long-term consequences, particularly when addressing modification and termination.
How Can a Knoxville Alimony Lawyer Help?
An alimony dispute is ultimately a financial case. Whether you are requesting support or being asked to pay it, a Knoxville alimony lawyer can help develop a clearer picture of the income, expenses, property, earning capacity, and other circumstances that may affect the outcome.
Barnes & Fersten can help clients:
- Evaluate whether alimony may be appropriate
- Identify the type of alimony potentially at issue
- Review income, expenses, assets, debts, and financial records
- Address disputes concerning earning capacity or financial need
- Evaluate proposed alimony terms during settlement negotiations
- Negotiate alimony alongside property division and other divorce issues
- Prepare an alimony claim or response for court when an agreement cannot be reached
- Review whether an existing alimony award may be modified or enforced
Alimony should also be considered as part of the larger financial picture of a divorce. An agreement that appears favorable when looking only at the monthly payment may look very different when property, debt, housing, retirement assets, and other obligations are taken into account.
Our Knoxville family law attorneys help clients understand how those issues fit together before decisions become part of a final divorce decree.
Frequently Asked Questions
No. A spouse is not automatically entitled to alimony simply because they earn less money than the other spouse. Tennessee courts consider the parties’ financial circumstances and the statutory factors contained in Tennessee Code Annotated § 36-5-121 before determining whether alimony is appropriate.
Tennessee law does not establish a specific minimum length of marriage that automatically qualifies someone for alimony. The duration of the marriage is one factor the court considers along with income, earning capacity, financial resources, health, property division, standard of living, and the other circumstances of the case.
Yes. Tennessee’s alimony statute applies to either spouse. Whether support is appropriate depends on the economic circumstances of the parties and the statutory factors, not whether the person requesting support is the husband or wife.
Potentially. Tennessee law permits courts to award one or a combination of the recognized forms of alimony when appropriate under the circumstances.
It can. Tennessee law contains specific provisions addressing recipients of alimony in futuro or transitional alimony who live with a third person. Depending on the financial circumstances, cohabitation can create a rebuttable presumption concerning whether the recipient continues to need the amount of support previously awarded.
Not automatically. A loss of employment may be relevant to whether a substantial and material change in circumstances has occurred, depending on the type of alimony and the facts involved. However, an existing court order generally remains enforceable unless it is properly changed. Speak with an attorney before stopping or reducing court-ordered payments.
Talk With a Knoxville Alimony Lawyer at Barnes & Fersten
The financial effects of alimony can continue long after a divorce is finalized. If spousal support is likely to become an issue in your case, understanding the different forms of alimony and the factors Tennessee courts consider can help you make more informed decisions before agreeing to long-term financial terms.
Barnes & Fersten represents clients seeking alimony as well as spouses who may be required to pay it. We can review your finances, the history of your marriage, the proposed division of property, and the other circumstances that may affect spousal support.
If you are preparing for divorce, currently involved in a divorce case, or have questions about an existing alimony order, contact Barnes & Fersten by calling 865-805-5703 or by filling out our contact form to schedule a consultation with a Knoxville alimony lawyer.
