Reducing Spousal Support in Tennessee

Spousal support, or alimony, is a crucial aspect of divorce proceedings. It is designed to provide financial assistance to a lower-earning spouse and can impact both parties’ financial health long-term. While spousal support is awarded when the divorce is finalized, it’s not necessarily written in stone in Tennessee.

Some types of spousal support can be modified. However, it depends on the circumstances of your situation whether or not the courts will modify the order. This article will discuss valid reasons to modify or reduce spousal support in Tennessee.

Change in Financial Circumstances

One of the most common reasons to modify spousal support payments is a significant change in either party’s financial circumstances. Tennessee law understands that life events can drastically affect a person’s financial situation and require an adjustment in spousal support.

• An increase in the receiving spouse’s income, whether through a new job, a raise, or other financial gains, can reduce spousal support as the receiving spouse is now better able to support themselves.
• A decrease in the paying spouse’s income due to job loss, demotion, or other financial setbacks may make it impossible for the paying spouse to maintain the original spousal support payment. The courts may consider this change and potentially reduce the payment obligation.

Retirement of the Paying Spouse

When a paying spouse retires, their income is often reduced, impacting their ability to continue making the same spousal support payments. Tennessee recognizes that retirement is a natural part of life and can warrant reassessing alimony obligations. It’s important to note that the court will evaluate whether the retirement is voluntary and reasonable based on the paying spouse’s age, health, and overall financial situation.

Receiving Spouse Remarries or is Cohabitating

Spousal support payments are terminated in Tennessee if the receiving spouse gets remarried. When the recipient remarries, the financial responsibility shifts to their new spouse, eliminating the need for continued support for their former spouse.

While more complex, cohabitation is another valid reason to seek a modification or termination of spousal support. If the receiving spouse begins to live with a new partner, the court will assess the nature of the cohabitation to determine if the new living arrangement significantly reduces the receiving spouse’s financial need. If so, they may adjust spousal support payments.

Health Issues and Medical Expenses

Health issues can significantly impact the financial well-being of both the paying and the recipient spouse. The court may modify support payments if either party incurs significant medical expenses or experiences health-related issues that affect their earning capacity.

• Health Decline of the Paying Spouse — If a decline in the paying spouse’s health affects their ability to work and earn income, it can affect their ability to fulfill their support obligations. In these cases, Tennessee courts may reduce spousal support payments to reflect the reduction in the income of the paying spouse.

• Increased Medical Needs of the Receiving Spouse — If the receiving spouse encounters severe health problems that require substantial medical expenses, they may need increased financial support. While this could increase spousal support, the courts could also decide that the current level of support is sufficient if the receiving spouse’s circumstances have not worsened.

Significant Change in Cost of Living

Inflation, relocation, or other economic factors can significantly impact the cost of living. If either spouse experiences a substantial change in their cost of living, this can be grounds for modifying spousal support payments.

• Inflation and Economic Changes — Inflation can erode the value of money over time, affecting both parties’ financial circumstances. Tennessee courts may consider these economic factors when determining if a modification in spousal support is justified.

• Relocation and Regional Cost Differences — If either spouse relocates to an area with a substantially different cost of living, this change can impact the current spousal support arrangement. For instance, moving to a region with a higher cost of living can increase the receiving spouse’s financial needs, while relocating to a less expensive area could reduce them.

Agreement Between Parties

Both parties may agree that modifying spousal support is necessary and mutually beneficial. When both parties concur on changing the alimony arrangement, the court will likely honor their agreement, provided it is fair and reasonable.

Mediation can be an effective way for spouses to negotiate alimony modifications amicably. Through mediation, both parties can discuss their change in circumstances and agree on an alimony arrangement that reflects their current financial realities.

Secure Financial Stability: Reduce Spousal Support with Attorney Hunter Fowler

Modifying or reducing spousal support payments in Tennessee is a complex process requiring a substantial and material change in circumstances. Understanding the factors that can affect spousal support arrangements and the proper legal procedures can help ensure they remain fair and reflect both parties’ financial situations.

Attorney Hunter Fowler understands that each case is unique and requires a tailored approach. Clients come first in Hunter’s practice. He will always look for ways to benefit you as much as possible. He is prepared to do what it takes to meet your needs.

Contact us today for a consultation. Let Hunter help you navigate the legal challenges and secure the financial stability you deserve.