Nashville Alimony Attorneys

How Is Spousal Support Determined in Tennessee?

Tennessee courts have broad discretion when it comes to alimony. There’s no fixed formula, and spousal support isn’t automatic. A spouse must request it, and the court awards it only when the circumstances justify it.

When alimony is awarded, it may serve several purposes:

• To help you maintain the lifestyle you enjoyed during the marriage
• To give you time and resources to become financially independent through education or retraining
• To ease the economic transition that follows divorce
• To offset an imbalance in the division of marital property

More than one type of alimony can be awarded simultaneously, which means support may be structured to address more than one of these goals at once. For the full list of statutory factors courts consider, see our Divorce FAQ page.

Because no two cases are alike, you need a Nashville alimony attorney who understands how to present your circumstances effectively and advocate for your position based on your actual needs.

Factors Tennessee Courts Consider

Several key factors guide whether alimony is appropriate and, if so, in what amount and for how long.

• Length of the Marriage: Marriages lasting 10 years or more are more likely to produce a spousal support award. Shorter marriages may still result in rehabilitative or transitional alimony, depending on the circumstances.
• Financial and Non-Financial Contributions: Homemaking, child-rearing, and supporting a spouse’s career are all recognized contributions that factor into the alimony analysis.
• Earning Capacity of Both Spouses: A significant gap in earning capacity, or extended time out of the workforce, weighs in favor of the lower-earning spouse. A primary caregiver, for example, may be eligible to seek support while re-entering the job market.
• Standard of Living During the Marriage: Courts seek to maintain a comparable standard of living for both spouses after divorce. A spouse accustomed to a higher standard of living may be eligible to seek support to help bridge that gap.
• Age and Health of Both Spouses: Health conditions that limit a spouse’s ability to work increase the case for alimony.
• Needs of the Recipient Spouse: Significant financial obligations, such as caring for minor children or managing ongoing medical expenses, strengthen the argument for support.
• Ability of the Paying Spouse to Pay: Courts weigh whether the paying spouse can meet their own reasonable needs while providing support.
• Marital Misconduct or Fault: Tennessee courts may consider fault in the breakdown of the marriage, including conduct such as infidelity or abandonment, when deciding whether alimony is appropriate and in what amount.

Types of Alimony Under Tennessee Law

Tennessee recognizes four types of alimony, each designed to serve a different purpose. More than one type can be awarded at the same time depending on the facts of your case.

Rehabilitative Alimony
Rehabilitative alimony provides time-limited support while a spouse works toward self-sufficiency through education, job training, or other reasonable efforts to improve their earning capacity.

Alimony in Futuro
Alimony in Futuro is long-term periodic support that continues until the recipient remarries or either party dies. It can also be modified or terminated upon a material and substantial change in circumstances.

Transitional Alimony
Transitional alimony is set for a defined term to help a spouse adjust to the economic realities of post-divorce life. Unlike rehabilitative alimony, it doesn’t require a specific retraining or education goal.

Alimony in Solido
Alimony in Solido is a fixed total obligation paid as a lump sum or in installments over a set period. Once ordered, it’s non-modifiable, and it can serve as a support mechanism or a tool for equalizing the division of the marital estate.

Modifying or Terminating Spousal Support

In Tennessee, spousal support can be modified or terminated when there is a material and substantial change in circumstances. Alimony in solido is an exception, as it’s generally non-modifiable once ordered.

Common reasons courts recognize for modifying spousal support include:

• A Change in Income: A significant decrease in the paying spouse’s income, or a meaningful improvement in the recipient spouse’s financial situation, can support a request to adjust the support amount.
• Remarriage or Cohabitation: Alimony in futuro terminates automatically if the recipient remarries. If the recipient begins cohabitating with a new partner, Tennessee law raises a rebuttable presumption that support should be suspended in whole or in part.
• Disability or Health Issues: A paying spouse who becomes disabled or develops health conditions that affect their ability to earn income may have grounds to seek a modification.
• Improved Financial Circumstances: If the recipient spouse’s finances improve substantially, the court may reduce or terminate support.

If you believe a significant change in circumstances justifies revisiting your spousal support order, consulting with a Nashville spousal support attorney can help you understand what the process requires and what outcome may be realistic.

Representation on Both Sides of Alimony Disputes

Whether you’re seeking spousal support or contesting demands you believe are excessive, we can build a case around your specific situation. Our Nashville alimony attorneys represent clients on both sides of these disputes, from high-asset divorces with complex support arrangements to straightforward matters resolved through mediation or collaborative divorce.

If you need legal counsel for seeking alimony or contesting an unfair demand, reach out to our team or call us at (615) 229-7235. We offer a free 30-minute consultation.