Under TN Law, is One Spouse Responsible for the Other’s Welfare When Getting Divorced?
15 April 2023IN: Divorce
If you are divorcing in Tennessee, you may want to know what will happen after the divorce in terms of assets and money. Your spouse may be unemployed or making little money and you may be tired of paying for everything. Well, you need to sit down because there is bad news.
After a couple divorces, the court wants to ensure that both parties can meet their financial needs. If both parties work full-time and make decent money, then they most likely can. However, if one party makes little money or does not work at all, then the other party may be responsible for their welfare. They may be ordered to pay alimony, otherwise known as spousal support.
Alimony is available in all 50 states. However, each state differs in terms of laws and types of alimony. Plus, some states are more generous than others.
In Tennessee, alimony is awarded on a case-by-case basis. There are four main types of alimony in Tennessee:
- Rehabilitative alimony.This alimony is in place to help a spouse who has been out of the workforce for a long time or lacks the education or skills to get a job that would allow them the standard of living they had during the marriage.
- Alimony in futuro. This is also known as periodic alimony and is paid over a long period of time so that the recipient spouse is given an appropriate standard of living. This can be ordered in addition to rehabilitative alimony in some cases.
- Transitional alimony.This is for a spouse who does not need rehabilitation, but rather some time to get a new job or get back on their feet after a divorce.
- Alimony in solido. This is known as lump sum alimony. As the name implies, it is a large sum paid at once. This is beneficial for both parties, as the payer gets the alimony done and over with. The recipient receives a large amount of money to secure housing and pay off debts as needed.
When Does Alimony Apply?
The requirements for alimony are as follows:
- The spouse seeking alimony lacks sufficient property, money, and possessions to provide for their financial needs.
- The spouse is unable to be self-sufficient through their employment alone due to a lack of skills.
- The paying spouse has the financial ability to pay alimony.
- There is a greater likelihood of alimony in marriages of longer duration.
- The spouse has custody of a child of a certain age or medical condition in that they cannot maintain employment outside the home.
Contact Us Today
In terms of welfare, judges want to see that both parties are financially secure to some degree.
However, alimony is often a contentious issue, as nobody wants to pay it. There are no longer any tax benefits for doing so, so it’s something that spouses often argue about.
A Tennessee alimony lawyer from The Law Office of David L. Scott can help you deal with the prospect of alimony, whether you want to receive it or are ordered to pay it. Our focus is on helping you get through your legal troubles. To schedule a consultation, call (615) 896-7656 or fill out the online form.