Alimony, also called spousal support, is usually offered for ex-spouses who will have significantly less income as a direct result of the divorce. However, other factors will be considered by the court before a final determination is made for whether alimony should be awarded and for how long. Not receiving alimony when you need it could lead to serious financial problems. Talk to a Tennessee family law lawyer if you have experienced obstacles to obtaining alimony.
Basics of Alimony
is a certain amount of financial support offered to an ex-spouse after a divorce. Sometimes alimony is awarded for a temporary amount of time and other times, alimony is awarded for an indefinite period of time. Temporary alimony tends to be
offered during the divorce trial itself to help a spouse until the divorce is finalized. This type of alimony ends as soon as the divorce trial ends.
Long-term alimony is offered in cases where one spouse will be expected to struggle financially after the divorce. This entails that the spouse seeking alimony must prove a need for financial support. A lawyer can help you collect evidence for this need, which may involve looking at income, financial needs, and savings.
You and your spouse may agree about alimony and other factors related to the divorce and may not need to go to a divorce trial. However, if you and your spouse disagree, talking to an experienced lawyer can help you build a strong defense to obtain the alimony you need. A lawyer can also help in situations where you need to make a change to the alimony order. This can mean changing the duration, amount, or frequency of spousal support payments.
How is Alimony Determined in Tennessee?
In Tennessee, certain factors are considered when . Different financial factors will be taken into account like present income, future income, retirement plans, financial needs or obligations, and resources like savings. Earning capacity will also be assessed by looking at how much education and training the spouse has acquired. For example, someone with a master’s degree may have a less difficult time finding a job compared to someone with no high school degree.
When it comes to health factors, the court will look at spouse age, physical conditions, and mental health. Physical conditions can mean anything from long-term medical conditions to disabilities. This is important for calculating alimony because of potential long-term medical payments the spouse will have to pay after the divorce.
Family factors like whether the spouse has a child and how long the marriage lasted will also be examined. A parent with of the child will have a greater need for spousal support if they have to work part-time or less to care for their child.