Alimony is one of the most important factors couples consider when contemplating divorce. Spouses can suffer serious financial stress as a result of divorce. Alimony can help reduce this strain.
Spouses who need financial support should seek alimony as efficiently as possible. On the flip side, those who may be required to pay their exes alimony should be vigilant to ensure they don’t pay more than they should. Whether you need alimony or are facing the prospect of paying it, our Franklin alimony lawyer can aggressively represent your interests.
Call our Franklin family law attorneys at Durak Law at (615) 812-2829 to learn more about how we can help and schedule a free initial consultation.
What is Alimony or Spousal Support?
Under Tennessee law, alimony (spousal support) is money paid by one spouse to another in the event of a divorce. This money is intended to benefit the other party or to help them get back on their feet. In the state, alimony can be paid before, during, or after divorce proceedings.
There are four different types of alimony, including:
- Rehabilitative: This type is designed for spouses who have been in a short-term marriage. It is intended to help them gain new or additional skills to enter the current job market.
- Transitional: A form of short-term financial support. It is usually granted to a dependent spouse to help them adjust to a single life.
- Temporary: Normally paid during the divorce process and ceasing when the process is finalized, temporary alimony covers daily expenses and divorce costs.
- Permanent: This type of alimony is designed to be paid (monthly) until the death of either partner or the dependent spouse’s remarriage.
Other types of spousal support in Tennessee include:
- Alimony in Futuro: This is a form of permanent alimony. It is normally awarded to spouses coming out of long-term marriages (lasting over 20 years). Also referred to as periodic alimony, it is designed for partners who end up with fewer assets due to separate property holdings.
- Alimony in Solido: This type is awarded in cases where property division involves assets that cannot be physically divided. Also referred to as “lump sum” alimony, this financial support is designed to compensate for uneven property division.
Will Spousal Support Be Awarded?
Women are more likely to suffer significant financial strain after divorce. Normally, the stay-at-home partner is considered to be economically disadvantaged. The courts award them alimony to compensate them for their intangible contributions to the marriage, like raising kids.
When it comes to the awarding of spousal support, Tennessee courts consider the following important factors:
- Length of marriage
- Contribution to the marriage
- Income and earning potential of each spouse
- Each spouse’s education level, which directly contributes to their earning power
- Mental condition and age of each spouse
- The need to stay at home and raise young children after divorce
- Assets separately owned by each spouse, which can be used to support them economically
- Division of assets because of divorce
- Possible tax implications on an alimony award
- The cause of divorce, like adultery – courts can consider this in their decision
- Any other factors the court deems necessary when establishing one spouse’s need for support and the other’s ability to pay.
Typical situations where alimony is likely to be awarded include long-term marriages and situations where divorce would result in a huge disparity in income.
How Do I Reduce My Exposure to Spousal Support?
To reduce exposure to spousal support, it’s essential to understand factors like income, length of marriage, and negotiation strategies that can impact support obligations.
Legal Strategies to Minimize Alimony Obligations:
- End the Marriage as Soon as Possible: Marriage duration plays an important part in the awarding and determination of alimony payments in Tennessee. You may minimize the chances of being asked to pay alimony by the court if you were married for less than 5 years.
- Change Your Lifestyle: Courts consider your lifestyle when determining alimony payments. As such, leading a modest lifestyle may minimize your alimony exposure.
- Pay Property Taxes: Paying taxes on property and ensuring you handle property division responsibly can reduce your alimony obligations.
- Prove Your Spouse was Unfaithful: Adulterous activity is among the factors Tennessee courts consider when awarding alimony. A judge may choose to award reduced alimony to a party who is proven to have been unfaithful.
- Show Your Spouse Doesn’t Need the Money: Showing that your spouse has a higher earning capacity or is financially independent can boost your chances of reducing your alimony obligations.
Seek Experienced Representation
Divorce proceedings can be emotionally, mentally, and physically stressful. Alimony negotiations can make things even harder. With a seasoned Franklin alimony lawyer at your side, you will have less on your shoulders. An experienced Franklin alimony lawyer will help you negotiate for a reasonable spousal support settlement.
Spousal support attorneys work with their clients during and after divorce proceedings. Some of their main responsibilities include:
- Conducting a comprehensive case evaluation – including assessing the financial condition of the marriage
- Collecting, organizing, and presenting relevant financial evidence and documents
- Handling alimony negotiations
- Representing you in court proceedings where necessary
- Enforcing and adjusting existing alimony agreements
Seasoned Franklin alimony lawyers understand relevant Tennessee laws regarding divorce and alimony. These professionals work tirelessly to safeguard their client’s interests and ensure they get what they deserve.
How is Alimony Determined in Tennessee?
Tennessee’s approach to calculating alimony involves considering a variety of key factors, including:
- Each Spouse’s Financial Resources and Earning Potential
- Standard of living established during marriage
- Duration of the marriage
- Contributions to the marriage (e.g., homemaking or caregiving)
When it comes to awarding alimony in Tennessee, courts must balance the need for support with the ability to pay. Alimony can only be awarded when one party has the ability to pay and the other needs support. As such, alimony should not be awarded in situations where one spouse has no ability to pay and the other does not need support.
How Much Alimony Will I Have to Pay in Tennessee?
The supporting spouse’s ability to pay determines the amount of alimony awarded. The court also considers the earning ability of the supporting spouse. Factors such as experience, training, education, assets, passive income, and savings are used to determine the supporting spouse’s earning ability.
The court will then assess the spouse’s monthly living expenses – including general living expenses, food, debts, clothing, and housing costs.
The supporting spouse’s ability to pay is the difference between their income and expenses. This amount is then compared to the dependent spouse’s reasonable need and determines the final alimony figure. An experienced Franklin alimony lawyer will be able to help you know what to expect.
When Can I Stop Paying Alimony in Tennessee?
In theory, alimony payments could continue until the death of the paying spouse. However, in practice, the duration of spousal support is determined by various factors, including the alimony type.
You can stop paying rehabilitative alimony once your ex has completed their undertaking to retrain or reeducate to reenter the workforce. Transitional (temporary) support can be stopped once the pre-determined set date is reached.
Similarly, you can stop paying alimony in solido once the court’s stipulated conditions are met. However, alimony in futuro (permanent) can last for many years.
Other conditions for terminating or modifying alimony payments:
- Remarriage of the receiving spouse
- Significant changes in financial circumstances
- Cohabitation of the receiving spouse with another partner
Requests for modifications or termination of alimony must adhere to strict legal guidelines.
These requests can be granted when it is proven that material or substantial changes have occurred since the creation of the original settlement. To end or modify alimony, you must make an official application to your local circuit court.
You and your Franklin alimony lawyer will then be required to attend a court hearing (in the presence of your ex), where you can demonstrate the changes that necessitate an alimony adjustment.
What Does Alimony Pay For?
Spousal support is primarily designed to help dependent spouses maintain the standard of living they had been accustomed to during their marriage. It covers a variety of expenses, including:
- Housing Costs (mortgage or rent)
- Living Expenses (utilities, groceries and clothing)
- Medical Expenses and Insurance
- Education and Job Training for the Receiving Spouse
How Do I Find the Best Franklin Alimony Lawyer for My Case?
Tips for choosing the right Franklin alimony lawyer:
- Experience with Tennessee Family Law: Tennessee alimony laws can be somewhat complicated. Having a Franklin alimony lawyer who has worked on similar cases in the past can be advantageous. Look for an attorney with years of experience in Tennessee family law.
- Track Record in Successfully Handling Alimony Cases: Working on Tennessee alimony cases is not enough. The right attorney should be able to show you how they safeguarded their clients’ interests and secured favorable settlements.
- Availability: For a seamless and efficient legal process, make sure that you choose an attorney who is easily accessible and available. Having a Franklin alimony lawyer who can swiftly respond to your needs is vital, especially considering the time-sensitive matters involved in divorce cases.
- Excellent Communication Skills: You need a Franklin alimony lawyer who can listen to your needs, breakdown legal guidelines, and inform you about the progress of your case.
- Reviews: Research online reviews left by past clients to get a good idea of a given lawyer’s reputation. What are people saying about the attorney? Are they accessible? Do they communicate clearly? Answering these questions will give you an idea of what to expect.
Questions to ask when evaluating potential attorneys:
- What proportion of your firm focuses on family law?
- How long have you practiced family law?
- Have you handled cases similar to mine?
- Can you achieve the desired goal without going to trial?
- Do you have time for my case? What is your caseload like?
Contact Our Experienced Franklin Alimony Lawyer to Discuss Your Case
If you are going through a divorce in Tennessee, you will likely have many questions. Our Franklin family lawyer at Durak Law Firm is ready and willing to help you find the answers you seek.
Whether you need help with divorce proceedings, reducing or ending alimony, call (615) 812-2829 and enjoy the benefits of having seasoned professionals on your side.
