How Is Alimony Calculated in Tennessee?
If your divorce case involves alimony – whether you plan to receive it or pay it – you likely want to know how much financial support might be awarded in your case. Like many legal questions, the answer is “It depends.” Courts can consider various factors when determining how much alimony to award or whether to award any at all. Experienced alimony attorneys in Nashville explain what you need to know about this important issue.
Purpose of Alimony
Alimony aims to preserve the standard of living a spouse had during the marriage. Traditionally, alimony was awarded to wives who took time out of the workforce to raise children or support their husbands’ careers. Lawmakers did not want these women to be financially destitute because they had sacrificed for their families. Tennessee law states that spouses who contribute to the marriage as homemakers or parents are of equal dignity and importance as the one making contributions to the marriage and that if their sacrifices cause them to be economically disadvantaged, the other spouse should be responsible for maintaining their standard of living, considering relevant factors identified by law. Today, there is no presumption of alimony based on gender.
When Alimony Is Ordered in a Tennessee Divorce
Alimony is not automatic in a divorce case. One of the spouses must request it for the court to evaluate whether to award it. For the court to award alimony, the spouse requesting it must need it, and the other spouse must have the ability to pay it.
Calculating Alimony Payments
Unlike with child support, there is no set formula or chart that can help determine an appropriate amount of alimony a court should award in a case. Each award is determined on a case-by-case basis.
When the court is considering awarding alimony, it first considers the higher-earning spouse’s ability to pay support. Its evaluation considers various factors, such as the spouse’s education, training, work experience, earning capacity, financial resources, and passive income.
The court also evaluates the spouse’s monthly living expenses, such as housing, food, and utilities. The gap between the spouse’s resources and expenses represents their ability to pay. This value is compared to the other spouse’s reasonable need and projected expenses.
Specific factors the court considers include:
- The length of the marriage
- Each spouse’s financial needs and obligations
- The earning capacity of each spouse
- The education and training of each spouse
- The ability and opportunity of each spouse to secure education and training to reach a reasonable earning level
- Each spouse’s age and mental condition
- Any disability of either spouse
- Whether a spouse would find it difficult to work because they are caring for a young child or a child with special needs
- Each spouse’s separate assets
- The standard of marriage established during the marriage
- The contributions of each spouse to the marriage
- Fault, where the court considers it relevant
- The tax consequences of awarding alimony
Considering these factors, the court can determine whether it is appropriate to award alimony. It can also consider what type of alimony to award, how long to award it, and in what amount to award it. Nashville family lawyers suggest that courts can also review similar cases involving spouses with similar financial situations to determine appropriate support.
Burdine Law Firm, PLLC Can Answer Your Questions
If alimony might be involved in your divorce case, it is important that you work with a knowledgeable Tennessee family law attorney. An experienced Nashville divorce lawyer from Burdine Law Firm, PLLC can review your case, gather evidence to support your position, and make personalized recommendations about how to handle this aspect of your case.
Call us at (629) 299-2228 to schedule a free and confidential consultation.