Are You Entitled to Alimony?
A common source of anxiety is thinking about how you are going to pay your bills once you divorce and have to live on your own, or you are afraid a court will order you to pay your spouse alimony and then be unable to pay your bills. In the majority of cases, there is no alimony ordered because it isn’t mandatory and is not needed in most cases. However, there are many misconceptions about alimony, so here’s the breakdown on how it works.
Is Alimony Owed?
Under Tennessee divorce law, alimony may be awarded to the “financially disadvantaged” spouse in order to provide for their basic needs at a level similar to the lifestyle enjoyed while married. The clearest part of this rule is that if you earn more money than your spouse, then you definitely do not qualify for alimony at all. Some clients think that alimony is a form of punishment like punitive damages in a tort case, but that is not true. While courts may consider grounds for divorce when determining alimony, it’s not like they will give you money just because you can prove your spouse committed adultery or something like that.
How is the Amount Determined?
To determine how much money should be paid, the parties will each need to fill out an affidavit of income and expenses to show what kind of budget deficit or surplus each person has. People frequently puff up their expenses by trying to show they don’t have any excess room in their budget to pay their spouse, but the courts are looking for that. Don’t think that if you file an affidavit showing a $500/month deficit the court can’t order alimony because they can and they will. Basically they will make case-by-case judgment call on whether alimony is necessary and how much should be owed.
When it comes to the term (how long you pay), that is also a case-by-case judgment call by the courts. If you’ve only been married a year, then you should not expect alimony longer than you were married. Also, permanent alimony that is indefinite is quite rare and only used in long marriages when one spouse didn’t really ever work and will be totally unable to care for themselves after the divorce. Usually alimony will only last for a few months or years depending on the circumstances.
Types of Alimony
There are four types of alimony in Tennessee divorce law.
Transitional: this is a short-term, non-modifiable alimony order just to transition to being single. If you’ve had a short-term marriage and are otherwise able to pay your bills but need some extra financial support to move, lease a new apartment, buy new furniture, and so on, then you might be awarded transitional alimony.
Rehabilitative: this is also a short-term alimony order but it is modifiable. The difference is that it is tied to an event such as finding a job or finishing a degree so that you can become financially independent. For example, a stay-at-home mother may be given three years to go back to school, finish her degree, and get a job, but she could go back to court and ask for an extension or the ex-husband could apply to have it reduced or terminated if she drops out of school or gets a great job very quickly and doesn’t need the money.
In Futuro: this is long-term alimony with an indefinite term. This is rarer than other forms of alimony and reserved for cases where a spouse has no ability to be rehabilitated and has been in a long-term marriage. If you’ve been married for thirty years and your spouse is disabled or has no retirement plan, then this could be ordered. It is modifiable for changes of circumstances.
In Solido: this is a lump sum alimony payment that is non-modifiable. We often use alimony in solido as a way to balance out the marital estate or just to pre-pay and settle a need for financial support. While this is intended to be a lump sum payment it can be set up as an installment payment as well.
Terminating or Modifying Alimony
The most common way for alimony to be terminated is for the term to expire with all payments made, but there are circumstances where alimony can be terminated or modified prior to the expiration of the term. The clearest way to do that is when the recipient gets remarried. Transitional, rehabilitative, and in futuro alimony can all be terminated for remarriage of the recipient. It is important to understand that Tennessee law provides that cohabitation counts the same as marriage when it comes to terminating alimony.
The other way to modify alimony terms is because there has been a change of circumstances where either the recipient doesn’t need it or the payor cannot pay it. It is important to understand that the payor cannot intentionally modify their circumstances (e.g. quit your job) in order to create conditions where they can’t afford alimony. That doesn’t work for child support and it doesn't work for alimony.
