The Laws of Alimony in Tennessee
Listen, friends: this isn’t child support where kids are in need of clothing, food, transportation, and just about everything else. This is about alimony – alimony in TN, to be exact.
And that’s a completely different set of rules, and sometimes those rules even change depending on the situation of the divorce!
How is alimony in Tennessee figured out then? That’s simple (at least for the Circuit Courts). Considering all factors would be important in determining whether alimony – also known as “spousal support” – is necessary to award to one spouse.
This is what any spouse can focus on, and then possibly determine if spousal support is necessary to pay or to receive.
The Bases for Alimony in TN
Common factors dictated by the Uniform Marriage and Divorce Act include:
• The Age
• Quality of Life
• Duration of Marriage
• And Ability to Support Both Sides
This Should Tell Anyone Something About Alimony in Tennessee
It’s difficult to determine. Because every divorce is different. For instance:
This may be an extreme example, but considering a situation where a stay-at-home wife, homemaker, no education, no job, is forced to live on her own while the ex-husband making $100,000 a year can live the luxury life as a valid example of spousal support would be an obvious YES.
Especially if there was a prenuptial agreement involved. In most cases, there is when one spouse makes a ton of money over the other.
Believe it or not, though, there are even more factors to consider:
• Earning Capacity
• Earning Impairments
• Children in Home
• Tax Consequences
It’s all about fairness. So consider this:
Take that same situation – the same husband making $100,000 a year with the ex-wife demanding spousal support. What if the ex-wife was a minor at the time of marriage? That would dictate a “Fault” violation, nullifying all other factors and denying the ex-wife any alimony in TN.
That’s just an example, mind you – because that situation doesn’t always result in an award or denial for alimony. Consider the possibility of the ex-wife taking care of the ex-husband’s five kids in her home? What then?
Standard community property would apply in this case where “alimony” may become “child support.” Especially when considering an income of $100,000/year. If the ex-wife had a job, child support would generally be a standard amount in certain ways; but if the ex-wife had no job, imagine that ‘child support’ a somewhat larger.
That’s alimony for you.
There is, however, one thing about alimony that is a true definite:
There’s No Formula Needed for Spousal Support
It really all depends on the settlement offer. And then the court decides if that offer is justified or not. There’s no calculation, not like in child support. There are no specific forms the state requires to determine any amount. There’s no manual stating that this particular divorce or that particular divorce will involve any alimony for either party.
It all depends on the unique situation.