Introduction
Divorce can be a complex and emotional process, especially when financial matters such as alimony—or spousal support—are involved. In our experience, excepting only child custody issues, this is the most contentious area for most divorces. For our clients in Shelby, Fayette, and Tipton Counties in Tennessee, understanding how alimony is determined under state law can help them to understand their rights and potential obligations. Tennessee has a statutory scheme that lays out specific criteria that courts must consider.
What Is Alimony?
Alimony, or spousal support, is a court-ordered payment from one spouse to another following a divorce. The primary purpose of this support is to mitigate any unfair economic effects by providing income or additional property to a spouse who would otherwise be economically disadvantaged by the divorce. In Tennessee, several kinds of alimony are available, including periodic alimony, transitional alimony, rehabilitative alimony, and lump-sum alimony. The type and amount of alimony awarded depend heavily on the statutory criteria the court must consider.
What are the Statutory Criteria for Alimony in Tennessee?
Tennessee law (T.C.A. § 36-5-121) requires any judge in a divorce case to weigh a list of factors when deciding whether to award alimony and how much. No single factor controls the outcome, instead the court balances all relevant information. The statutory criteria are:
- The relative earning capacity, obligation, needs, and financial resources of each party. Sometimes, this is referred to as need for support.
- The court reviews each spouse’s income, potential to earn, and current financial situation. For instance, if one spouse has significant earning potential and the other does not, the court may order alimony to balance the financial disparity. Sometimes this is referred to as ability to pay.
- The duration of the marriage. Short term marriages will seldom support an award of spousal support, while longer term marriages will often carry some form of spousal support. This is especially true if one spouse sent a significant amount of time out of the workforce, raising children, supporting the family, or otherwise caring for the home.
- The extent to which it would be undesirable for either party to seek work outside of the home “because such party will be custodian of a minor child of the marriage.”
- Age and mental condition of the parties. If a spouse is older or has a limited earning capacity, the court may be more likely to award alimony, especially if returning to work is unrealistic.
- The physical condition of each party. This also looks at relative earning capacity from the perspective of physical disability or incapacity due to a chronic debilitating disease.
- The standard of living established during the marriage. Basically, a court’s objective is to, where possible, allow both parties to maintain a lifestyle reasonably similar to that enjoyed during the marriage. In one recent case, the Tennessee court of appeals found that where the “parties enjoyed a high standard of living during the marriage,” the wife should receive “support to allow her to live comfortably.”
- The separate assets of each party. After the court has classified the assets of the marriage as either marital (equitably divided) or separate (not equitably divided), the court then looks at those separate assets and can engage in some “balancing” by awarding a spouse alimony.
- The distribution of the marital estate. For example, if the wife is receiving a larger portion of the marital estate, this factor would weigh against her.
- The contributions of each party to the marriage. This looks at both tangible (primarily financial) and intangible (primarily homemaker) contributions. It also looks at contributions by one party to the “education, training or increased earning power of the other party.”
- Fault. When a court is dividing the marital property, the direction is to make the division without regard to fault. However, when establishing support, the courts are to consider fault. In a recent case, we were able to use the husband’s adultery to get spousal support for the wife.
- Other factors. This catch-all category is to take into account things like tax consequences one party or the other may experience as a result of some property distribution.
How These Criteria Impact Alimony Awards
The court’s consideration of these criteria means that alimony decisions are highly individualized. For example, a Memphis spouse who gave up a career to support their partner’s business may be entitled to rehabilitative alimony to gain new job skills. Conversely, a short marriage with both parties having similar incomes is less likely to result in a significant alimony award. Also, because each assessment is so individualized, it is critically important to ensure that you have addressed these factors in your trial. Appellate courts seldom overturn alimony decisions.
The key takeaway is that alimony is not automatic. The requesting spouse must demonstrate both need and the other spouse’s ability to pay. The court’s ultimate goal is fairness, but “fairness” is determined by looking at the specific facts of each case through the lens of the statutory criteria.
Consulting a Memphis Divorce Attorney
Because every divorce is unique, it is essential to consult with an experienced Memphis divorce attorney who understands the nuances of Tennessee alimony law. Our attorneys can help evaluate your circumstances, explain how the statutory criteria might apply, and advocate for your best interests in negotiations or court.
Conclusion
Our experience shows quite clearly that alimony can be one of the most significant—and contentious—financial issues in a Tennessee divorce. By understanding the statutory criteria and how they can affect an alimony award, Memphis residents can better prepare for the divorce process and make informed decisions about their futures. If you have questions or need help with an alimony matter, contact a qualified Memphis family law attorney for guidance tailored to your situation.
