Spousal Support in Tennessee

The four types

Rehabilitative alimony helps an economically disadvantaged spouse reach a certain standard of living. That standard should be reasonably comparable to the one enjoyed during the marriage. Or it should be reasonably achievable by the other spouse. This is Tennessee's preferred form of support by statute, when rehabilitation is realistic. Alimony in futuro is longer-term, periodic support. Courts use it when a spouse cannot realistically become self-sufficient, often after a long marriage.

Transitional alimony helps a spouse adjust to the economic consequences of divorce when rehabilitation is not needed. It runs for a set period, not indefinitely. Alimony in solido is typically a fixed, definite total sum. It can include attorney's fees and is usually paid in installments or as a lump sum. A single Tennessee divorce can involve more than one of these four types at once. It depends on what the facts of the marriage call for.

Factors courts weigh

Tennessee courts weigh several factors to decide whether to award alimony, which type, and how much. These include each party's earning capacity, obligations, needs, and financial resources. They include the length of the marriage and each spouse's age, physical condition, and mental condition. Each spouse's contributions to the marriage matter too, including work as a homemaker. Courts also weigh the standard of living during the marriage and the tax consequences of an award.

These factors feed into the choice among the four types. So the same underlying facts, like marriage length, health, and career sacrifices, can point a Tennessee court toward very different outcomes. It depends on how those facts line up.

Modification depends on the type

Rehabilitative alimony and alimony in futuro are generally modifiable. A modification requires a substantial and material change in circumstances after the original order. Transitional alimony and alimony in solido work differently. Courts generally treat them as fixed and not modifiable, except as the parties' agreement or the decree may otherwise provide. This page does not list the exact current statutory text for these modification standards. Check the statute directly, or a Tennessee family law self-help resource, before you assume a particular outcome applies to your order.

Termination

Alimony in futuro generally ends on the death of either party, or the remarriage of the recipient. Tennessee law also treats cohabitation as a factor. It can affect a recipient's demonstrated need for ongoing support. Statutory termination language can change over time. Confirm the current rule for your specific type of award. Check with a Tennessee family law attorney or the current Tennessee Code, rather than assuming a default outcome applies to your case.

Where Tennessee alimony cases are filed

Divorce cases in Tennessee, including any request for alimony, are filed in chancery or circuit court, depending on the county. The case goes in the county where one of the spouses lives. Alimony is typically decided alongside property division. Where children are involved, custody and child support are decided in the same case. Tennessee's court system publishes general resources for self-represented litigants. The clerk's office in the relevant county can confirm current local filing procedures and forms.