Alimony & Spousal Support

Alimony is the hardest part of a divorce to predict. Tennessee has no formula for spousal support the way it does for child support. A judge weighs a list of factors set out in state law and decides what is fair, which is why two couples in Clarksville with similar incomes can end up with very different results.

Tennessee recognizes four kinds of spousal support. The difference between them matters more than most people expect, because it decides how long payments last, whether the amount can be changed later, and what happens when either person’s circumstances change.

The four types of alimony in Tennessee

Rehabilitative alimony

The type Tennessee law prefers. Support paid for a set period so the spouse who earns less can get the education, training or work history to become self-supporting. The statute sets the goal as an earning capacity that reasonably compares with the standard of living the couple had during the marriage. A court can revisit the amount if circumstances change substantially.

Transitional alimony

For a spouse who does not need retraining but does need help adjusting to the finances of being single again. It runs for a fixed period and generally cannot be modified, unless the parties agreed otherwise, the court said otherwise in the order, or the person receiving it moves in with someone else.

Alimony in futuro

Sometimes called periodic alimony. Long-term support, awarded when a spouse realistically cannot be rehabilitated to a comparable standard of living. That usually means a long marriage, a significant gap in age or health, or a spouse who has been out of the workforce for decades. It runs until either person dies or the recipient remarries, and it can be modified on a substantial and material change in circumstances. If the person receiving it begins living with someone else, Tennessee law presumes the support is no longer needed and the burden shifts to them to show otherwise.

Alimony in solido

Lump sum alimony. A fixed total, paid at once or in installments. Because the total is set at the outset it cannot be modified, which makes it useful for balancing an uneven division of property or covering a spouse’s legal fees.

How a Tennessee court decides

Tennessee Code section 36-5-121 sets out what a judge must weigh:

• What each spouse earns and could earn, with their assets, debts and needs
• Each spouse’s education and training, and how long further training would take
• How long the marriage lasted
• The age and the physical and mental condition of each spouse
• Whether it is appropriate for one spouse to stay home with a child rather than work
• What each spouse owns separately, and how the marital property was divided
• The standard of living during the marriage
• What each person contributed, including as a homemaker or in supporting the other’s career
• Fault, where the court considers it appropriate

No single factor settles it. In practice the two that carry the most weight are the need of the spouse asking for support and the ability of the other to pay. Alimony is usually decided alongside the division of marital property in a divorce and, where there are children, child support, and the three move together.

Support while the divorce is still going

A court can order temporary support while a divorce is pending, before anything final is decided. This matters when one spouse controls the income or the accounts and the other has no way to cover rent or legal costs in the meantime.

Common questions about alimony in Tennessee

How is alimony calculated in Tennessee?

It is not calculated. There is no formula. A judge weighs the statutory factors and decides, with the need of one spouse and the ability of the other to pay carrying the most weight.

How long does alimony last?

It depends on the type. Rehabilitative and transitional alimony run for a set period. Alimony in futuro continues until either person dies or the person receiving it remarries.

Can alimony be changed after the divorce?

Rehabilitative alimony and alimony in futuro can be modified on a substantial and material change in circumstances, such as a job loss, serious illness or retirement. Transitional alimony and alimony in solido generally cannot.

Does adultery affect alimony in Tennessee?

Fault is one of the factors a court may consider, but it is one among many and it does not decide the question on its own.

What happens if my ex-spouse remarries or moves in with someone?

Alimony in futuro ends on remarriage. If the person receiving it lives with a third person, Tennessee law presumes the support is no longer needed, and it falls to them to show otherwise.

Working with us

We represent spouses on both sides of a support claim, in Clarksville and throughout Montgomery County. Whether you are asking for alimony or being asked to pay it, the questions are the same: what do the numbers show, which type of support fits, and what is a court here likely to consider reasonable. You work with one of the partners from the first call through to the order.

This page is general information about Tennessee law, not legal advice about your circumstances. Alimony outcomes turn on facts specific to each marriage. Call (931) 645-4044 to speak with an attorney.