Divorces are often emotional and challenging experiences. You don’t always know what to expect or how long it will take to work through, and adjusting to a new normal can prove challenging for some. Separating spouses are bound to face financial decisions that lead to many different questions about the future, including “How long do you have to be married to receive alimony in Tennessee?” or “What type of alimony should I file for?”
Working with a reputable attorney can help you petition for spousal support when negotiating your divorce. You’ll need to show your need for spousal support, so working with a divorce lawyer will help determine how much to request for alimony and how long you need to receive it.
Let’s go over some common questions and topics related to how long you need to be married, the different types of alimony in Tennessee, and how a divorce lawyer can help you gather the necessary evidence to help you receive the alimony payments you want and need.
In the state of Tennessee, no minimum marriage duration is required to be awarded spousal support. A judge will consider different factors, like the length of time married, contributions from each individual, and each spouse’s ability to support themselves once the divorce is finalized. The total amount of alimony for a union that has lasted decades will likely be much larger compared to a shorter partnership that lasted a shorter amount of time.
The courts will consider the couple’s circumstances regarding the amount and duration of alimony in Tennessee. When determining how much should be paid and by whom, the court will look at the following list of factors about both parties and their circumstances:
All of these factors and the couple’s overall situation play a role when the court decides what type of alimony is appropriate and for how long. Tennessee law terminates the alimony agreement if the receiving spouse remarries or dies. Additionally, if the paying spouse has a loss of income or health concerns, they have a right to request a modification to their expected payments.
Depending on all the factors mentioned above, the duration of your alimony will be determined accordingly. There are four different types of spousal support in the state of Tennessee:
Alimony in futuro, or periodic alimony, is one type of alimony that can last forever. It continues on a long-term or permanent basis and will only cease once the payor is deceased or when the recipient dies or remarries. This type of spousal support is usually awarded when the marriage has lasted over decades or when it would be difficult or impossible for the recipient spouse to achieve the standard of living equivalent to when they were married.
Transitional alimony is a short-term alimony that allows the economically disadvantaged spouse to adjust to their single life. This ceases after a set amount of time and won’t be modified unless both parties agree to change it, if the court decides it should be modifiable, or if the alimony recipient lives with a third person. Rehabilitative alimony is another type of short-term alimony that helps cover the costs of education, re-training, or re-certification of the spouse becoming financially independent.
Alimony in solido is a form of long-term spousal support that may be paid simultaneously instead of in regular installments. There are a few instances in which this type of alimony works well, such as when one spouse keeps the house but receives an unequal amount of assets. Lump sum alimony will not be terminated upon the death or remarriage of either spouse, and no one but those involved can modify the agreement.
Working with an experienced divorce attorney is crucial during your separation to protect your rights and assets during your divorce. After a divorce, you want a financially stable future, and Attorney Hunter Fowler is here to help you secure an alimony agreement that works for you and your family. Serving those in Murfreesboro, attorney Hunter Fowler is experienced with many individuals in different areas of the law. Hunter is prepared to help you ensure your needs are heard and met.
Contact us today to prepare for what comes next in your separation and what type of alimony will work in your best interest.
