When facing divorce, one of the most common concerns is about alimony—also known as spousal support. Many people believe that alimony is only awarded in long-term marriages, but as you will soon find out, the reality is more nuanced.
In this guide, we’ll explore the nuances of alimony in short-term marriages here in Tennessee. We’ll walk you through what you need to know about alimony in short-term marriages, answer your burning questions, and help you understand your options.
If you have any questions or need further clarification about alimony in a short-term marriage, talk to family law attorney in Franklin, Tennessee today at (629) 210-0866. We’re always ready to help.
What is Considered a Short-Term Marriage in Tennessee?
When we talk about “short-term marriage” in the context of alimony, we’re generally referring to marriages that have lasted for a relatively brief period. While there’s no strict legal definition in Tennessee, marriages under 10 years are often considered short-term, and those under 7 years are even more frequently categorized this way.
It’s important to understand that the length of the marriage is a significant factor courts consider when determining eligibility and duration for alimony in a short-term marriage. However, Tennessee alimony law doesn’t have a rigid cutoff point where alimony automatically becomes impossible. Instead, it’s one of many factors the court weighs.
How Alimony is Determined in Tennessee
Before we dive into short-term marriages specifically, let’s briefly review how alimony is determined in Tennessee. The primary goal of alimony is to provide support for a spouse who needs it and whose spouse has the ability to pay, often to help them become financially independent.
Tennessee law outlines several types of alimony, each designed to address different circumstances:
- Rehabilitative Alimony: This is the most common type and is designed to help a spouse become self-sufficient. It’s awarded for a specific period, allowing the recipient to obtain education, training, or re-enter the workforce.
- Transitional Alimony: This type of alimony is awarded when a court determines that rehabilitation is not necessary, but a spouse needs financial assistance to adjust to the economic realities of post-divorce life. It’s for a definite, but often shorter, period.
- Periodic Alimony (Alimony In Futuro): This is the more traditional form of long-term support, typically awarded in long-term marriages where one spouse is unlikely to achieve a standard of living comparable to that enjoyed during the marriage. It can be modified or terminated upon certain events.
- Lump-Sum Alimony (Alimony In Solido): This is a fixed, non-modifiable amount of alimony, often paid in one sum or installments, and is typically used as a property division tool or to settle outstanding debts.
When deciding on alimony, Tennessee courts consider a comprehensive list of factors, including:
- The need of the requesting spouse and the ability of the other spouse to pay.
- The relative needs, obligations, and financial resources of each party, as well as all income from all sources.
- The education and training of each party.
- The duration of the marriage.
- The standard of living established during the marriage.
- The age and physical and mental condition of each party.
- The contributions of each party to the marriage, including tangible and intangible contributions, such as homemaking, childcare, and support for the other spouse’s education or career.
- The relative fault of the parties if the court finds it appropriate to consider.
- Any other factors necessary to achieve equity between the parties.
When Alimony in a Short-Term Marriage Might Be Granted
While less common, there are specific scenarios where a Tennessee court might grant alimony in a short-term marriage:
- One spouse sacrificed career or education: Imagine a situation where one spouse put their career or educational pursuits on hold to support the other spouse’s burgeoning career or to care for young children, even if for a relatively short period. This sacrifice could create a significant disparity in earning potential.
- Significant disparity in income or earning capacity: If, during the short marriage, one spouse’s earning capacity significantly outpaced the other’s, and the lower-earning spouse can demonstrate a need for support to become self-sufficient, alimony might be considered.
- Transitional needs to adjust to single life: Even in a short marriage, one spouse might need temporary support to find a new place to live, secure employment, or simply adjust to living independently. In these cases, transitional or rehabilitative alimony is far more likely than long-term, periodic support. The goal is to help the spouse get on their feet, not to provide indefinite support.
- Health issues arising during the marriage: If one spouse developed a significant health issue during the marriage that impairs their ability to work, regardless of the marriage’s length, the court might consider alimony.
It’s crucial to remember that in short-term marriages, the court’s preference is generally for a clean financial break between the parties. Therefore, any alimony in a short-term marriage awarded is usually for a limited duration and is designed to be rehabilitative or transitional.
When Alimony in a Short-Term Marriage is Less Likely
Conversely, there are situations where alimony is considerably less likely to be awarded in a short-term marriage:
- Equal earning potential or financial independence: If both spouses are financially independent, have similar earning capacities, or can quickly achieve self-sufficiency, alimony is improbable.
- No significant contributions or sacrifices made by either party: If neither spouse made significant financial or career sacrifices for the benefit of the other or the marriage, and both maintained their independent careers, the argument for alimony weakens.
- Short duration often leads to a preference for a clean financial break: As mentioned, Tennessee courts generally prefer to facilitate a clean financial break for short-term marriages, encouraging both parties to move forward independently without long-term financial ties.
Negotiating Alimony in a Short-Term Marriage in Settlement Agreements
Even if you believe your marriage is “short-term,” it’s vital to have experienced legal representation. The possibility of alimony, whether you are seeking it or trying to avoid paying it, should be thoroughly assessed.
Often, divorce cases, even those involving short-term marriages, are resolved through negotiation and settlement agreements rather than in court. This is where the expertise of a family law attorney becomes invaluable.
- Mediation or Collaborative Divorce: These alternative dispute resolution methods can be particularly effective in short-term marriage cases. They allow for more creative solutions and give you and your spouse more control over the outcome, rather than leaving it to a judge.
- Consider trade-offs: In negotiations, alimony can be part of a larger financial picture. For example, one spouse might agree to waive an alimony claim in exchange for a larger share of marital property, or vice-versa. A skilled attorney can help you understand the potential trade-offs and negotiate a settlement that aligns with your long-term financial goals.
How a Family Law Attorney in Franklin Can Help
Navigating the complexities of alimony in a short-term marriage can be challenging, but you don’t have to do it alone.
The family law attorneys in Franklin at Durak Law can help you:
- Assess the likelihood of alimony in your specific case: Every divorce is unique. We will review your financial situation, and the details of your marriage, and apply Tennessee law to give you an honest assessment of your potential for receiving or paying alimony.
- Present evidence to support or challenge alimony requests: Whether you are seeking alimony or defending against a claim, we will gather and present the necessary evidence to support your position, including financial documentation, evidence of contributions, and any other relevant factors.
- Help negotiate fair settlements based on your goals and the law: Our priority is to help you achieve a fair and equitable resolution. We will tirelessly negotiate on your behalf to protect your financial interests and ensure any settlement agreement is just and enforceable.
Talk to a Franklin Family Law Attorney Today About Alimony in a Short-Term Marriage
While the common belief suggests alimony is primarily for long-term marriages, it’s crucial to understand that it’s not off the table in short-term marriages in Tennessee. The courts consider a variety of factors, and in certain circumstances, particularly those involving significant disparity or sacrifice, rehabilitative or transitional alimony may be awarded.
If you are facing a divorce in Franklin, TN, and have questions about alimony in a short-term marriage, do not hesitate to seek personalized legal advice. Every case is unique, and a thorough evaluation of your specific circumstances is essential.
Call Durak Law today at (629) 210-0866 or submit the form below to schedule a confidential consultation. Let’s discuss your eligibility for alimony in a short-term marriage or strategize how to defend against an alimony claim.
