Types of Spousal Support
If you are going through a divorce, you might be wondering about alimony. These thoughts may include what types of alimony you or your spouse may be eligible to receive, how much alimony might be awarded, and how long the award will last. Nashville spousal support lawyers experienced in Tennessee’s alimony laws can help explain the possibilities.
What Is Spousal Support?
Spousal support is the payment of financial support from one spouse to the other during or after a divorce. Alimony helps maintain a spouse’s lifestyle after a divorce so that it more closely conforms to the lifestyle they had during the marriage. It also prevents a spouse from having to rely on public assistance to provide for their basic needs.
Types of Spousal Support in Tennessee
Tennessee recognizes the following types of alimony:
Rehabilitative Alimony
Rehabilitative alimony helps financially rehabilitate a spouse, meaning that they can achieve with reasonable effort an earning capacity that helps them attain a similar standard of living during the marriage or a post-divorce standard of living expected of the other spouse. The court prefers to award this type of alimony over the other forms of alimony whenever possible.
Periodic Alimony
Periodic alimony, or alimony in futuro, is what most people think of as alimony. It is a set of periodic payments of financial support. It can be ordered long-term or until the death or remarriage of the receiving spouse. Family law attorneys in Nashville explain that Tennessee family courts award this type of support when there is a relative economic disadvantage between the spouses and rehabilitation is not feasible.
Transitional Alimony
Transitional alimony is a sum of money one spouse pays the other for a limited period. Courts award this type of alimony when they determine that rehabilitation is not necessary but that the economically disadvantaged spouse needs assistance adjusting to the economic realities of divorce or legal separation.
Lump Sum Alimony
Lump sum alimony, or alimony in solido, is paid in one payment or a series of installments for a specified period of time. The total amount of this support is calculated on the date the divorce decree is entered. The purpose of lump sum alimony is to provide financial support to a spouse or to allow the court to equitably divide marital property. This type of alimony can also be awarded to pay for attorney fees and expenses incurred because of the divorce.
The court can award one or more types of alimony.
Tennessee Spousal Support Overview
Alimony is not automatic in Tennessee. A spouse has to request it, prove why they need the support, and show the other spouse is financially able to provide it. Tennessee family courts consider various factors when making alimony decisions, including what type of alimony to award, how much alimony to award, and how long the award should last. Among others, these include the standard of living established during the marriage, each spouse’s earning capacity, and each spouse’s age and health.
Contact a Knowledgeable Spousal Support Lawyer
If you are going through divorce, an experienced Nashville divorce attorney at Burdine Law Firm, PLLC is here to help you through all aspects of your case, including determining the types of spousal support that might apply to your case. Contact us today to schedule a confidential consultation.