Temporary vs Permanent Spousal Support in Tennessee
Spousal support can provide necessary financial support during or after a divorce. There are two broad categories spousal support falls into: temporary or permanent. The type of spousal support that might apply in your case depends on the specific circumstances surrounding your marriage and divorce.
Temporary Spousal Support
Temporary spousal support is spousal support that is set for a determinate period of time. Temporary spousal support can take one or more of the following forms:
- Lump sum alimony – Lump sum alimony is spousal support in a single payment or a series of payments. It can be awarded to pay attorney fees and legal costs. Courts calculate the total amount of financial support on the date the divorce decree is entered.
- Transitional alimony – Transitional alimony is awarded for a limited amount of time to help an economically disadvantaged spouse adjust to the economic consequences of divorce or legal separation.
- Rehabilitative alimony – Rehabilitative alimony provides financial support to a spouse while they take steps to increase their earning capacity, such as by finishing a college degree or job training program.
Permanent Spousal Support
Permanent spousal support is spousal support paid on a schedule for an indefinite period of time. It may continue until the economically disadvantaged spouse dies or remarries. This type of alimony is generally reserved for cases in which it is not feasible for a spouse to be rehabilitated, such as if they have a permanent disability.
Which Form of Spousal Support Will the Court Order
Alimony orders are not automatic in Tennessee. A spouse wanting financial support must show that they need it and the other spouse can provide it. Tennessee courts have considerable discretion in determining which type of support to order and in what amount.
Courts consider various statutory factors when making these critical decisions, including:
- The standard of living during the marriage
- The length of the marriage
- The age and health of each spouse, including whether a spouse has a disability
- Marital property division
- Each spouse’s separate property
- The contributions each spouse made to the marriage, including as a homemaker
- Child custody arrangements and their impact on a spouse’s ability to work outside the home
- Each spouse’s earning spouses
- Each spouse’s economic circumstances
An experienced spousal support lawyer in Nashville can review your situation and present the strongest arguments to support your position.
Contact Our Experienced Spousal Support Lawyers for Legal Assistance and Representation
If you believe you are entitled to spousal support or you are concerned about the impact of paying your spouse this type of support will have on you, an experienced Nashville divorce lawyer from Burdine Law Firm, PLLC can help. We can discuss the relevant laws and how they apply to your case. Whether your objective is best accomplished through negotiations or litigation, we can provide the much-needed legal support you require at this critical time. Call us for a confidential, no-obligation consultation.