Spousal Support Considerations in Same-Sex Tennessee Divorces

If you and your partner are part of a same-sex couple looking to divorce in Tennessee, you may have questions about the process and what to expect. Tennessee and all other states do recognize gay marriage thanks to a 2015 Supreme Court decision, but what exactly does that mean?

All properly married couples, whether same sex or opposite sex, are to be treated equally under the law. Any reference to spouse, husband, or wife should be treated the same, regardless of the combination of genders. Our alimony lawyer provides guidance on how these rules apply to your case and what to expect during the divorce process.

In Tennessee, spousal support laws are generally the same for same-sex and opposite-sex couples once legally married, focusing on factors like need, ability to pay, and marriage length. However, the key issue is the length of marriage, which is based on the date of marriage. The problem with this is that Tennessee did not recognize same-sex marriage until 2015. This means that even if you were married in another state before that, the earliest possible date of marriage for a same-sex couple in Tennessee would be June 26, 2015.

This is important because courts use the legal marriage date to calculate spousal support. If you lived together and acted as spouses before then, it does not matter. You cannot have been married in the state for more than a decade. This can be frustrating, so obtaining experienced legal counsel is crucial.

Considerations

Like in any divorce, either spouse may request alimony. It is not automatic, so the court must decide based on need and ability to pay, among other factors.

The types of spousal support available in Tennessee are:

• Periodic (long-term) alimony. This is when one spouse will likely need long-term financial support.
• Rehabilitative alimony. This is temporary support to help a spouse gain skills or training to become self-sufficient.
• Transitional alimony. This is short-term support during adjustment after divorce.
• Lump-sum or “alimony in solido.” These are one-time or fixed payments.

If a same-sex couple married only recently (post-2015), the “official” duration of marriage may be relatively short. This impacts alimony decisions. Because of that same history, property acquired before the legal marriage may be treated as “separate property,” which can affect the overall asset division. This can also indirectly impact the financial needs or baseline the court considers.

Because of these potential issues, couples can benefit from specialized legal representation. Attorneys familiar with LGBTQ+ and “late-married” couples can help ensure courts properly consider all relevant marital history.

Contact Us Today

Generally speaking, the laws for divorcing heterosexual couples also apply to same-sex couples. However, there may be complications depending on the marriage date and other factors.

If you are a same-sex couple divorcing in Tennessee, seek legal help from a Murfreesboro divorce attorney from David L. Scott. We can answer your questions about alimony and other aspects of divorce. Let us resolve your divorce issues. Contact us via (615) 896-7656 or online here to schedule a consultation.