Spousal Support & Alimony Attorneys in Nashville, TN
Divorce can be a complex and emotional journey, and understanding your rights and obligations under Tennessee family law is critical. One of the aspects of divorce is the matter of alimony or spousal support. This type of financial support is not automatic or mandated by law. It is decided on a case-by-case basis. If you believe you need alimony or spousal support due to your divorce, you must request it in the divorce process.
At Flexer Law, our divorce and family law team can help you seek or contest alimony/spousal support in your case. Our team is well-versed in the law and procedures related to this matter. We can help you pursue or oppose it in settlement negotiations, divorce mediation, or before a family court judge at trial. Our team brings 40+ years of experience and proficiency to your case and will work tenaciously to protect your rights and best interests throughout the process.
Alimony & Spousal Support in Tennessee
"Alimony" and "spousal support" are often used interchangeably; they refer to different aspects of financial support in Tennessee divorce law. This financial support involves payments from one ex-spouse to the other for post-divorce maintenance via a family court order.
Spousal support can be structured in various ways and, if not agreed upon outside of court by the parties involved, will be determined by the judge. The determination will include the type of alimony, its amount, its duration, and how it will be paid.
Consult a Nashville spousal support and alimony lawyer by connecting with a team member through our contact form or at (615) 805-6374.
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How Is Tennessee Spousal Support Calculated?
No set formula exists for calculating Tennessee spousal support. Various factors reviewed by the court will influence the type, duration, and amount. However, if the couple has an intact and valid prenuptial or postnuptial agreement in which this issue has been addressed, it will be considered by the court.
Courts will base alimony/spousal support decisions on factors such as the following:
- Financial resources and earnings: The relative earning capacity, obligations, needs, and financial resources of each spouse, including income from pension, profit sharing or retirement plans, and other sources.
- Financial or marital contributions: This involves what each spouse has added to the marriage, including contributions as a homemaker and to the education, training, or increased earning power of the other party.
- Duration of marriage: Longer marriages are often given more consideration on this issue than short ones.
- Age and health: The spouses' age, physical, and emotional health, which can affect earing ability.
- Standard of living: The standard of living established during the marriage.
- Custodial responsibilities: For custodial parents, the need to stay home with a minor child of the marriage can affect how alimony is decided.
- Separate assets: The separate assets, liabilities, and financial condition each spouse possesses.
- Rehabilitative potential: The relative education and training of the parties and the opportunity of each for further acquisition of capital assets and income.
- Tax consequences: The tax consequences of the alimony award, where each party's gross income for federal income tax purposes will be affected.
- Fault in divorce: In some cases, the court may look into whether the marital dissolution was due to the fault of one of the spouses.
- Post-divorce economic rehabilitation: The economic rehabilitation needs of a spouse who desires further education or job training.
Alimony Modification, Termination & Enforcement
In life, circumstances change and so may the arrangements for spousal support. Modifications can be made through legal channels when significant changes occur, like the loss of income or remarriage of the recipient. The process adheres to strict legal standards because of the potential impacts on both parties.
Failure to comply with spousal support orders may lead to severe consequences. Courts can enforce such orders, which might involve wage garnishment or other legal implications for non-compliant parties.