Will I Receive Spousal Support?

Divorce is a stressful process that comes with many uncertainties. You may have many questions about the process. For example, will you be able to get alimony? Many people talk about spousal support as if it is a common thing, but will it apply in your case?

Not necessarily. You can certainly request it, but that does not mean that you will receive it. Alimony is not the same as child support. It is a separate entity, with the goal of helping someone preserve the standard of living they enjoyed during the marriage.

When determining whether or not a person will receive spousal support, the court is going to look at the financial situation of each spouse. What is their income and expenses? If you are the breadwinner, for example, then you will not be able to get alimony from the spouse earning less money.

You and your spouse can agree on the alimony on your own. If you want to settle this on your own, you will need to decide on the type of alimony, how long it will last, and the amount.

If you and your spouse cannot settle on the aspects of the divorce, you will go to mediation. If this does not result in a settlement, then you will likely proceed to trial. The judge will hear evidence based on all the factors involved and then decide the type of alimony awarded, as well as the length of payments and the amount.

Tennessee does not have any formulas for alimony. Plus, there is no minimum length of time in which you need to be married. If alimony is awarded, the payments are based on factors such as the need of one party and the ability to pay by the other party.

Types of Spousal Support

Tennessee recognizes four types of alimony:

• Transitional alimony. This is a form of alimony for a specified period of time and for a specified amount designed to assist a spouse with the financial transition from being married to being single.
• Rehabilitative alimony. This is short-term alimony that can help a spouse get a job, gain education, or return to school. There is no time limit for this type of alimony, but it may last several years and can be paid in addition to another form of alimony.
• Permanent alimony or Alimony in Futuro. A spouse may be able to receive permanent alimony if they are to earn an income or their earning ability does not meet their expenses. This is most common where one spouse has been the primary income earner and the other spouse is economically disadvantaged. This is most common in marriages of long duration. This form of alimony is modifiable and ends when either spouse dies or the recipient spouse remarries. I may also end or be modified if the recipient spouse co-habitates.
• Lump-sum alimony or Alimony in Solido. This type of alimony involves a lump-sum payment or multiple installment payments but is for a definit amount.

Contact a Murfreesboro Alimony Attorney Today

Alimony is not something you should expect, especially if you earn a decent income. Whether or not you will get it will be based on your and your ex’s income.

The Law Office of David L. Scott can assess your situation and make sure you get alimony if you are entitled to receive it. We understand it can be a contentious issue, but we can help resolve disputes. Contact us today by calling (615) 896-7656 or filling out the online form.