There are four kinds of alimony that a spouse can be awarded in Tennessee. They are:
Rehabilitative Alimony. This type of alimony is generally awarded to spouses who have not been working, or those who do not have the ability to earn much income. Rehabilitative alimony is designed to help that spouse develop the ability to earn more money so that he or she will be able to enjoy a standard of living that is comparable to the other spouse.
Periodic Alimony. This type of alimony is generally awarded to spouses who were part of a long marriage and are unable to enter the workforce at full capacity. Periodic alimony is designed to be paid over a long period of time, and can be awarded at the same time as rehabilitative alimony.
Transitional Alimony. This type of alimony applies when the spouse doesn’t need to be rehabilitated, but needs time to adjust to the standard of living after the divorce.
Lump Sum Alimony. This type of alimony is long term and is strictly for support.
Before awarding alimony, the Court considers twelve (12) factors:
each spouse’s earning ability, obligations, needs, and financial resources (including from pension or retirement accounts);
each spouse’s training and education, and whether they have the need and ability to obtain further education and training to improve their earning ability;
the length of the marriage;
the age and mental condition of each spouse;
the physical condition of each spouse, including any physical incapacity due to a chronic disease;
whether a spouse has custody of a minor child of the marriage and as a result, finds it difficult to work outside the home;
each spouse’s separate property;
how the court divided the marital property in the divorce or separation;
the standard of living the spouses shared during the marriage;
how each party contributed to the marriage financially or as a homemaker, and whether either spouse helped the other achieve training, education, or increased income;
the fault of each spouse, if the court finds it appropriate to consider fault; and
tax consequences of support payments to each spouse.
Alimony can be awarded temporarily in a divorce. In Tennessee, this is called “pendente lite” alimony (pronounced pen-den’-tay lite). There is no way to tell how much alimony will be awarded, but part of the reason for most pendente lite alimony awards is to maintain the status quo, meaning to keep up with existing mortgages and bills, to assist with personal living expenses, and to assist with attorney’s fees. However, the main rule of alimony is that one spouse has a need for support and the other spouse has the ability to pay. Both of these things must occur.
Alimony is always an important question in a divorce, so it is important that you understand how and what you are entitled to in your divorce. It can also be difficult to determine, so make sure that if alimony is an issue for you or your spouse, you select an attorney that is well-versed in this subject.