Alimony is a payment made to the other spouse (current or previous) in a separation or dissolution of marriage. Alimony was generally paid by the husband to the wife in a divorce, however, since recent times, alimony is now determined by a judge who analyzes future living conditions of each spouse. A judge will try to uphold a fair balance to previous living conditions during the couple’s marriage. Various factors also go into determining the amount of alimony to be paid in Tennessee including each spouse’s income, payments and liabilities, each party’s well being, child custody, state laws, length of marriage, economic conditions etc. It is not uncommon for a Wife to now pay her Husband spousal support.
There are different types of alimony within the state of Tennessee. One is called in futuro, or a type of alimony that a spouse will receive to maintain a similar lifestyle she/he was accustomed to for the duration of the marriage. The judge will attempt to recreate a fair balance between the couple after the dissolution.
Another type of alimony in Tennessee is rehabilitative. These payments are meant to assist the other spouse to increase their earning ability. This may include college tuition, special training, and/or any other secondary education. If the court decides rehabilitation isn’t fitting for the spouse, they may allocate transitional alimony. Transitional alimony is effectuated when the spouse will need monetary payments to become acclimated to current economic conditions following a divorce.
Alimony in solido is another type of alimony when the judge allows one spouse to make payments over a certain amount of time to another spouse to compensate for an lopsidedness in property and assets. For instance, if the Husband was awarded the marital home in the Judgment of Divorce, the Wife may be entitled to more spousal support than she would get had the marital home been sold. In any case, alimony is set forth to create a balance that the marriage once held before the divorce.
A judge will also consider the length and time of the marriage. Considering a marriage that only lasts a year or two, the courts may decide that alimony may not be an option, but separation of assets and liabilities will do. On the other spectrum, a marriage that lasts 20 years will have an opposite effect of judgment as the living conditions between spouses during that time will play into the decision of the judge.
Another factor that will play into the determination of alimony payments is the division of assets and liabilities. If one party is awarded more assets than the other, comparable to alimony in solido, the judges decision will reflect the amount of alimony awarded. The same can be said if there is an imbalance of debt to be paid.
Other factors that may affect alimony payments are children. If the Wife is grated sole physical and legal custody, then alimony payments will raise for the husband and vice versa. If one spouse is not well (mentally, physically, etc.), the courts will attempt to find what best suits the children and foremost, keep their best interests in mind.
Each case in different for establishing an alimony payment to one spouse. There is not a definitive algorithm for alimony to one spouse after a divorce. The Tennessee courts will take in all information relative to the case at hand and make a fair decision. The judge will try to recreate the living conditions that were once endorsed during a marriage and adjust for economic conditions, length of marriage, assets and liabilities, child custody and any other issue that may alter alimony payments.