TYPES OF ALIMONY IN TENNESSEE

Alimony in futuro definition is long-term alimony awarded when there is a significant difference in incomes and fortune, and when restoration is not possible.

Transitional alimony lasts for a certain period of time and will terminate upon the death of the recipient or payor unless otherwise stated in the divorce ruling.

Transitional alimony cannot be modified. The only time it can be modified, however, is when both parties agree to make it modifiable at the time the initial order of divorce takes place.

Here is this example of transitional alimony:

Nick and Ally married one year after they graduated from the University of Tennessee at Chattanooga and then moved to Knoxville, TN. They divorce after 14 years. Nick now earns $90,000 as an RN. Ally is a server and earns roughly $30,000 a year, and will be the primary residential parent to their two kids ages 3 and 8. At mediation Ally accepted Nick’s offer to pay her $3,500 per month as transitional alimony for ten years in addition to child support.

Alimony in solido is also known as lump-sum alimony. This is a very unique form of alimony. Alimony in solido is used most often to balance out an uneven property division, usually caused by a large indivisible asset going to one spouse( their home, for example). Payments are then made either a single payment or payments over time. Alimony in solido is not modifiable. Furthermore, the obligation does not terminate upon the death of the recipient or payor.

Consider this example of alimony in solido:

Nick and Ally are both doctors who make about the same income and have no children. Their largest asset is their home, which has equity of $80,000. Unfortunately, neither Nick nor Ally has enough cash to pay the other for his or her share of the equity. So he can keep the house, Nick might offer to pay alimony in solido each month until the $40,000 is paid. If Ally accepts this type of alimony, then she cannot petition the court to increase the amount after the divorce because alimony in solido cannot be modified.

Rehabilitative alimony is used to help a supported spouse with education, training, or experience that they will use to go back to work. In application, most judges will find independence is more the goal than equal standards of living after divorce.

Consider this alimony example:

Nick and Ally, a couple from Chattanooga, Tennessee, have been married five years. Near the beginning of the marriage, Ally quit college and got a job so she could help pay for Nick’s dental education. After finishing dental school, Nick found a new love and filed for divorce. Because the marriage was of short duration, the court must first try to put the parties back in the position they were in before the marriage. Obviously, Nick benefited from Ally’s sacrifices. A court might award Nick rehabilitative alimony for a reasonable time, say three to five years, to help her complete her college education.

Consider this alimony example:

Nick and Ally from Chattanooga, Tennessee, have been married for twenty-five years and are getting divorced. Ally started an accounting firm and is earning well into six figures. Nick teaches music at the local high school and was the primary caregiver for the children, now grown. Given his maturity, it may not be feasible for Nick to start over by going back to school. A court might award Nick alimony in futuro. If so, then Nick will receive a check until he or Ally dies, or until he remarries or receives support from a live-in relationship.

Yes. The court can award two types of alimony in a Tennessee divorce.