Alimony Can Be One of the Most Important — and Most Contested — Parts of a Tennessee Divorce
Alimony (also called spousal support) exists to help a dependent spouse maintain financial stability during and after divorce. Tennessee courts have broad discretion in deciding when alimony is appropriate, how much should be paid, and how long it should last. Because the outcomes can vary dramatically, strong legal representation is essential to protecting your rights — whether you are seeking alimony or defending against it.
Our firm helps clients understand what Tennessee judges consider, how alimony is calculated, how to negotiate favorable terms, and how to modify or enforce support obligations after the divorce.
Types of Alimony in Tennessee
Tennessee recognizes four distinct types of alimony, each serving a different purpose. Understanding the difference is crucial.
1. Alimony in Futuro (Long-Term Alimony)
Designed for long-term marriages where one spouse cannot realistically become self-sufficient.
Characteristics:
- Ongoing, indefinite payments
- May be modified upon a substantial and material change
- Often awarded when there’s a significant income gap
This type of alimony is most common after lengthy marriages or when one spouse has been out of the workforce for many years.
2. Rehabilitative Alimony
Intended to help a spouse return to the workforce or improve earning capacity. Examples include:
- Completing a degree
- Job training
- Gaining new certifications
Courts strongly favor rehabilitative alimony when appropriate.
3. Transitional Alimony
Short-term support to help a spouse adjust to living independently. Often awarded when:
- The marriage was shorter
- Both spouses can earn income
- Only temporary assistance is needed
This type cannot usually be modified unless the original decree allows it.
4. Alimony in Solido (Lump-Sum Alimony)
A fixed, nonmodifiable amount of alimony. Often used for:
- Attorney’s fees
- Equalizing property division
- One-time payments over time or in a lump sum
This type provides certainty and finality.
How Do Tennessee Judges Decide Alimony?
Under Tenn. Code Ann. §36-5-121, courts must consider a long list of statutory factors. The two most important are:
1. The Need of One Spouse
and
2. The Ability of the Other Spouse to Pay
Beyond that, courts evaluate factors such as:
- Length of the marriage
- Age and health of each spouse
- Earning capacity and job skills
- Education and training
- Contributions to the marriage (including homemaking)
- Financial resources
- Standard of living during the marriage
- Fault (in some cases)
- Parenting responsibilities
- Separate property and marital property distribution
Because so many factors are involved, outcomes vary widely — making strong advocacy essential.
When Alimony Is Most Common in Tennessee
Alimony frequently arises in situations such as:
- Long-term marriages of 10–20+ years
- One spouse being a stay-at-home parent
- Significant differences in income
- One spouse supporting the other through school or career advancement
- Parties nearing retirement age
- Marriages with major lifestyle disparities
Courts look closely at each spouse’s financial reality after separation.
Mistakes People Make in Alimony Cases
Alimony battles often go wrong because of avoidable errors. Common mistakes include:
- Not documenting household contributions
- Quitting a job to avoid paying alimony
- Underreporting income
- Overstating expenses
- Assuming fault automatically guarantees alimony
- Failing to prepare a detailed budget
- Using aggressive or hostile communication
These mistakes can severely hurt credibility in court.
Alimony and Fault in Tennessee
While Tennessee is not strictly a “fault-based” alimony state, marital misconduct can influence alimony awards.
Examples of fault that courts may consider:
- Adultery
- Abuse or cruelty
- Abandonment
- Substance abuse
- Dissipation of marital assets
Fault does not guarantee alimony — but it can shift the court’s view of fairness.
Modifying Alimony After Divorce
Some types of alimony may be modified when circumstances change.
Alimony in Futuro — Modifiable
May be raised, lowered, or terminated if there is a substantial and material change, such as:
- Job loss
- Disability
- Increase in income
- Remarriage or cohabitation of the receiving spouse
Rehabilitative Alimony — Often Modifiable
May be extended or adjusted depending on progress toward rehabilitation.
Transitional Alimony — Generally Not Modifiable
Unless specifically stated in the decree.
Alimony in Solido — Not Modifiable
Fixed obligations remain fixed.
Enforcement of Alimony in Tennessee
Failure to pay alimony can result in:
- Contempt of court
- Wage garnishment
- Judgments and liens
- Seizure of tax refunds
- Attorney’s fees
- Jail time for willful violations
We represent both sides in alimony enforcement actions.
How We Help
Whether you are seeking or defending against alimony, we provide:
- Strategic evaluation of your finances
- Thorough review of statutory factors
- Detailed evidence preparation
- Negotiation of fair settlement terms
- Protection of your long-term financial stability
- Aggressive representation at mediation or trial
We also handle post-divorce modification and enforcement.
Next Steps
Alimony can shape your financial life for years — or even decades. You need counsel who understands the law, the courts, and the strategy that leads to the best results.
If you’re facing a divorce or an alimony dispute in Tennessee, we can help you protect your financial future.
Contact our office to schedule a consultation.