Alimony--What Is Fair and Equitable?

The concept of alimony is perhaps the most misunderstood legal concept by lay people. Traditionally, alimony was awarded when one spouse was the wrongdoer or to keep the other spouse in the lifestyle to which she had become accustomed. Today, alimony is not as favored, and there is a certain legal analysis lawyers go through to determine which type alimony is to be awarded, how much alimony should be paid, and how long the payments should be made. Alimony is not guaranteed, and only an experienced divorce attorney familiar with the alimony cases can give competent legal advice.

Whether or not a divorce case is an "alimony case" turns on the financially disadvantaged spouse's need and the other spouse's ability to pay. Simplistically, the process is as follows:

If the answer to both questions is YES, then the case is a proper case for alimony. If the answer to either question is NO, then the case may not be an alimony case.

The next analysis is what type of alimony should be awarded. There are four (4) types of alimony in Tennessee, and judges can award any combination of these alimony types: Rehabilitative Alimony: To rehabilitate or assist a financially disadvantaged spouse to become self-sufficient and to earn enough income to pay their bills. Rehabilitative alimony is the most favored type of alimony in Tennessee. This type alimony is generally awarded when a spouse, by training or education, can enter the work force and make enough money to meet their financial needs.
Transitional Alimony: To help a financially disadvantaged spouse "get back on their feet". Generally, this type alimony is awarded in short term marriages where there is a large disparity of income between the spouses, or when one spouse dramatically changes her financial stability based on the promises of the other spouse. Alimony In Solido: To pay a certain amount of alimony, either in lump sum or in scheduled payments. This type alimony is generally used when there are sufficient assets to pay a certain amount of money so that the financially disadvantged spouse may use the funds to map out their own financial future.
Alimony In Futuro: To permanently pay a financially disadvantaged spouse until their death or remarriage. This is the most unfavored type alimony in Tennessee. This type alimony is generally awarded in long term marriages where there is no liklihood of the financially disadvantaged spouse earning enough money to cover their financial needs.

To determine the amount, length of term, and manner of payment of alimony, the following statutory factors are considered:

1. The relative earning capacity, obligations, needs, and financial resources of each party, including income from pension, profit sharing or retirement plans and all other sources;
2. The relative education and training of each party, the ability and opportunity of each party to secure such education and training, and the necessity of a party to secure further education and training to improve such party's earnings capacity to a reasonable level;
3. The duration of the marriage;
4. The age and mental condition of each party;
5. The physical condition of each party, including, but not limited to, physical disability or incapacity due to a chronic debilitating disease;
6. The extent to which it would be undesirable for a party to seek employment outside the home, because such party will be custodian of a minor child of the marriage;
7. The separate assets of each party, both real and personal, tangible and intangible;
8. The provisions made with regard to the marital property;
9. The standard of living of the parties established during the marriage;
10. The extent to which each party has made such tangible and intangible contributions to the marriage as monetary and homemaker contributions, and tangible and intangible contributions by a party to the education, training or increased earning power of the other party;
11. The relative fault of the parties, in cases where the court, in its discretion, deems it appropriate to do so; and
12. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.

Turner Law Offices, P.C. has over 19 years of experience helping our client's with alimony issues. The case law in Tennessee is extremely complicated and fact specific. There are literally thousands of cases in Tennessee dealing with alimony; only our experienced attorneys can help you to competently migrate throught the alimony maze.