Alimony Rules After Remarriage in Tennessee

After a divorce, you may still have to deal with your ex. Even if you do not have any children with them, you may still have to keep in touch if you are ordered to pay alimony. Alimony is not a given in every divorce case, but it is a possibility if there is a vast difference between your income and your spouse’s.

Alimony may be awarded when one spouse cannot support themselves after a divorce. This happens if the spouse cannot reasonably earn enough to maintain a lifestyle similar to what they had during the marriage, or to the standard of living expected for the other spouse, taking fairness and relevant legal factors into account.

If you receive alimony, you may wonder what happens if you remarry. Will your alimony payments end? Most likely, yes, but that would depend on the type of alimony you receive and the terms of the agreement. The conditions of alimony in Tennessee are outlined in TN Code § 36-5-121.

Types of Alimony in Tennessee

Tennessee law recognizes the following forms of spousal support:

• Rehabilitative alimony: Paid for a limited period to help the recipient become financially self-sufficient
• Transitional alimony: Short-term support to ease the economic impact of divorce
• In futuro alimony: Long-term or permanent support, usually awarded in high-income or long-term marriages
• Lump-sum alimony or In Solido: A one-time payment rather than ongoing support

The logic is that the recipient now has financial support from a new spouse. Rehabilitative, transitional, or lump-sum alimony usually does not automatically end upon remarriage unless the court specifically included that condition in the judgment.

In most cases, alimony will end upon the death of the payer or recipient, or upon the remarriage of the recipient spouse. It does not matter whether or not the payer spouse remarries; alimony will continue.

While most long-term or indefinite alimony ends when the recipient spouse remarries, short-term or lump-sum awards may continue unless the court orders otherwise. Even if alimony does not automatically end, a party can petition the court to terminate or reduce alimony if the recipient remarries, cohabits in a marriage-like relationship, or experiences a substantial change in financial circumstances.

Living with a romantic partner in a marriage-like relationship can sometimes cause the court to reduce or terminate alimony, even if the recipient is not legally remarried. In this case, the court will examine whether the cohabitation provides financial support equivalent to alimony.

Contact Us Today

Alimony can be a hot topic. Ex-spouses hardly ever enjoy paying it, but the recipients sure love to receive it. When alimony becomes complicated, a Murfreesboro divorce attorney from David L. Scott can help you resolve disputes. If you have questions and need a modification, we can help. Contact us via (615) 896-7656 or online here to schedule a consultation.