Helping Divorce Clients With Alimony Issues In Tennessee
In most family law areas, fault is a dying concept. Who did what during a divorce is not considered in the division of marital property. It is not a factor in child custody or child support. Yet, courts continue to use fault as a significant factor in determining whether one spouse should receive alimony (also known as spousal support and spousal maintenance) in Tennessee.
The evidence you present to the judge about your financial circumstances and the events leading up to your divorce can make all the difference. At The Vaughan Law Firm, in Knoxville, our founding attorney Larry Vaughan will prepare your case effectively so that the judge understands your side of the story, whether you are seeking alimony or fighting to pay it.
Understanding The Types Of Alimony In Tennessee
There are multiple types of alimony in Tennessee. Judges prefer to order alimony that helps the economically disadvantaged spouse become self-sufficient but may consider ordering the more traditional, lifelong alimony when self-sufficiency is unlikely. In each of the following situations, the alimony obligation automatically ends upon the death of one of the parties.
- Rehabilitative alimony: Rehabilitative alimony is meant to provide the disadvantaged spouse with the income needed to work toward the standard of living enjoyed during marriage. This type of alimony is a fixed amount that lasts for a fixed number of years. The spouse receiving alimony must make every reasonable attempt to achieve the financial freedom he or she was accustomed to during the marriage.
- Transitional alimony: When a person cannot or should not be “rehabilitated” to the income level they enjoyed during the marriage, the court may order transitional alimony. Transitional alimony is meant to cushion the shock of the sudden, significant loss of income that the non-wage-earning spouse experiences after divorce. Like rehabilitative alimony, transitional alimony is paid for a set period of time.
- Periodic alimony/alimony in futuro: Periodic alimony, also known as alimony in futuro, is less common today than it was in the past. When circumstances warrant it, a judge can order continual alimony payments to the economically disadvantaged spouse until a significant change in circumstance occurs, such as remarriage, job loss or death.
If you are already receiving or paying alimony and your circumstances – or the circumstances of your ex-spouse – have changed dramatically, we can help you bring or defend an alimony modification. Larry Vaughan is skilled in all matters of divorce and family law disputes and will help you seek the best possible result in your case.