Divorce Alimony in Tennessee

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Factors contemplated by court in Divorce Tennessee Alimony

  • Some courts in this state in their discretion think it is correct to consider relative fault of the spouses in determining alimony
  • The tangible and intangible inputs made by the each spouse in the following regard
    • Monetary contributions
    • In the role of Homemaker
    • Towards the education, training or enhanced earning potential of the other spouse
  • The standard of life experienced in marital life
  • The distribution of marital property in the divorce proceedings
  • The separate assets of a spouse, inclusive of the following
    • Intangible and tangible
    • Personal and real
  • As a partner is the custodian of the minor child of the marriage, is it not feasible that this partner may seek employment outside the residence
  • The physical state of each spouse, inclusive of but not restricted to physical incapacity or disability due to a debilitating and chronic disease
  • The mental state and age of both spouses
  • The duration of marital life
  • The relative education and training of both spouses
  • The capacity and available chances for both spouses to secure education and training
  • The need that a particular partner should complete further education and training with the effect of enhancing self earning capacity to a reasonable level
  • The following points regarding both spouses
    • Relative earning capacity
    • Financial resources inclusive of the following
      • Pension
      • Profit sharing
      • Retirement plans
    • Needs
    • Obligations
  • The tax ramifications for each spouse if a specific alimony order would be issued

Nature of Temporary Alimony in Divorce Tennessee Alimony

  • The court may award temporary alimony and this has to be paid while the divorce proceedings are in progress
  • Either spouse has to pass a motion for Pendente Lite Support and then the court conducts a hearing for the same
  • During the above hearing, the fees of lawyers and child support is also finalized
  • When the court issues the final judgment of divorce, the payments of temporary alimony cease to exist
  • There is no specific formula to compute temporary alimony
  • The court uses its own discretion regarding the capacity of one spouse to disburse money and the current requirements of the spouse seeking temporary alimony
  • The court also takes into account the standard of living of the spouses at the moment of separation

Transitional Tennessee Alimony

In this state, Transitional Alimony is a relatively new concept. Alimony obviously involves payment of a certain sum of money by one spouse to the other. The most crucial issue in this award is the duration for which the payments must be done.

Transitional alimony exists for a specific predetermined duration. It is stopped if the recipient or payer dies, except when the contrary is particularly stated in the divorce decree. This type of spousal support cannot be altered, except when the spouses have agreed otherwise in an agreement that has been included in the original order of divorce.

For several divorcing couples, this type of alimony is an enticing option due to its predictability and certainty.

Alimony in Solido

Let us consider an example of a couple seeking divorce. Both the husband and the wife are stock brokers and earn almost the same income. They do not have any children. Their residence is their biggest asset and it has equity of 80,000 USD. Neither husband nor wife has adequate cash to disburse it to the other spouse as his/her share of the equity.

Let us assume that the husband tells the wife that he would disburse alimony in solido every month till the 40,000 USD are paid. In return, he would keep the residence. The wife accepts this deal. At this juncture, it may be noted that alimony in solido cannot be altered. So, after the divorce, the wife cannot petition the court to raise the amount of spousal support.

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