There are different outcomes that can result from a divorce case. Some former partners are able to come to an agreement about things like child custody or alimony, but others who have their differences will have to go to trial. A divorce trial can be intimidating for many people because of the possibility of not obtaining the court decrees you want. Understanding the different types of alimony that can be awarded can help you prepare for what could come from a divorce trial. You can talk to a Tennessee family law lawyer to learn more.
How Alimony is Decided
When it comes to in court, several factors come into play. A judge will have final authority on who is awarded alimony, how much is mandated, and what type of alimony will be enforced. Without an adequate defense in your favor, you may not obtain the alimony court order you need. Talking to a lawyer about how you can build a strong defense may be able to help with this.
Knowing what goes into deciding alimony can also help. Alimony is based on factors related to the finances of each party, whether children are involved, the health of each person, and the marriage. In terms of finances,
alimony will usually be decided based on:
- You and your spouse’s current and past income.
- How much money you were making during the marriage.
- Financial needs like retirement benefits, long-term health conditions or disabilities, and the child’s basic care needs.
- Whether you or your spouse are currently employed or need to find a job as a result of the divorce.
When children are involved, family courts will use the best interests of the child standard. This standard will assess how alimony could help with the child’s education, health, and basic living needs. Physical or mental health conditions that require multiple treatments or long-term care will be taken into account. The length and standard of living during the marriage are looked to too.
Types of Alimony
The main awarded in Tennessee are alimony in futuro, alimony in solido, transitional alimony, and rehabilitative alimony. Alimony in futuro operates exactly as it sounds, in the future until spousal death. In other words, this type of alimony is paid to the other spouse until that spouse has passed away but can be modified by the court when circumstances change.
Alimony is solido can be paid as a lump sum or on a monthly basis. This alimony is not modifiable by the court and does not end upon the passing away of a spouse, not until the full amount is paid. Transitional alimony is for spouses who are struggling to adjust financially because of the divorce.
Rehabilitative alimony is intended to help an economically disadvantaged spouse return to the standard of living that existed during the marriage.