Guide to Spousal Support in Tennessee
Spousal Support in Tennessee
The divorce process in Tennessee is fairly simple compared to other states. However, spousal support in Tennessee is one of the more complicated processes within the state’s court. The state has no formal calculation, and some of the laws regarding spousal support in Tennessee are quite limited.
The calculator for spousal support in Tennessee located on this website simply uses the American Academy of Matrimonial Lawyer’s (AAML) standard formula. The formula works the following way:
Spousal Maintenance = (30% of supporter’s gross income) – (20% of the supported party’s gross income)
The total income of the supported spouse including their gross income and support received cannot exceed 40% of the combined gross income of the parties.
You shouldn’t rely on the above calculation for spousal support in Tennessee. The figure will only give a very rough estimate, and your total amount of maintenance will likely be much different. Even though there is a durational factor associated with the AAML formula, the state of Tennessee has various forms of maintenance that all have different terms for duration.
What are Different Types of Spousal Support in Tennessee?
There are a total of four different kinds of spousal support in Tennessee. Some of their differences are hard to understand, and you should know specifically how each type of maintenance works if you’re involved in dissolution of marriage. The following types of spousal support in Tennessee are described below:
Rehabilitative Alimony- this type of maintenance allows a spouse to seek education or vocational skills in order to make their skills more admirable on the job market. This type of support is usually given to a spouse who took on the majority of parenting and/or homemaking responsibilities. The court will consider the income potential of the spouse and how long it will take them to earn that income. Moreover, a court can order that rehabilitative alimony be increased, decreased, extended, or even terminated.
Alimony in Futuro- this type of spousal support in Tennessee is often associated along with rehabilitative support as well. If the spouse is still struggling economically after receiving rehabilitative support, a court can order the other spouse to make alimony in future payments. These payments will allow the spouse to maintain the same standard of living they had during the marriage.
Transitional Alimony- this type of payment is often an alternative to rehabilitative support. If the court decides rehabilitative support is unnecessary, a judge may still order that support payments be made to the spouse. This type of support can still help a spouse regain their standard of living during the divorce, and it can also help with measures such as moving costs and other expenses. This type of support cannot be modified after the divorce becomes official.
Alimony in Solido- this is often the most confusing type of spousal support in Tennessee. The type of support is often comparable to a property award because this type of support is equivalent to the total amount of payment order under the final divorce settlement. If the payment is vulnerable to change, the payment is not considered alimony in solido.
How do I file for Spousal Support in the state of Tennessee?
In order to file for spousal support in TN, you must provide your intentions for spousal support as the petitioner in Form 1 Request for Divorce. You can find this form on the government website of the state’s court. After you submit the form to a County Clerk and let the case proceed to trial, a judge will determine if you are eligible for spousal support and list the findings in the divorce decree.
