Tennessee Spousal Support Laws

Alimony, also called spousal support, is money paid from a higher-income spouse to a lower-income spouse following a divorce. In Tennessee, an award of alimony is not automatic. One spouse must request it during the divorce process. Either spouse may request alimony. Alimony awards depend on one spouse's need and the other spouse's ability to pay.

Tennessee family law expects both spouses to support one another throughout the marriage T.C.A. § 36-5-121(c)(1), including when the marriage ends. Alimony helps one spouse become self-sufficient following a long-term marriage if necessary. Spouses may make their own prenuptial agreement or other arrangement for spousal support. Otherwise, Tennessee courts will order alimony payments.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.

Tennessee Spousal Support Laws

In general, alimony helps the supported spouse for a short term after the divorce while they gain the job skills or education needed to become self-supporting. Very rarely, judges order permanent alimony if a spouse will be unable to work because of a chronic illness or disability.

Types of Alimony in Tennessee

• Rehabilitative alimony helps the recipient spouse get the education or training to have a comparable standard of living to the marriage's. The court can modify rehabilitative alimony on a change of circumstances. This alimony usually has a specific end date.
• Alimony in futuro, or "periodic alimony," is long-term support. If a spouse needs more financial support than rehabilitative alimony during job training, they may get periodic alimony.
• Transitional alimony gives the receiving spouse financial help to adjust to their post-divorce lifestyle. It lasts for a specific period and ends if the receiving spouse or payor dies.
• Alimony in solido is also known as "lump sum alimony." It is not "alimony" but a type of property division used to balance an award of real estate or other indivisible property to the other spouse. The payor can make a single payment or pay in installments.
• Temporary alimony, or "alimony pendente lite," puts the economically disadvantaged spouse on equal footing with the financially better-off spouse during the divorce process. It helps with immediate financial needs, court costs, and attorney's fees. It ends when the judge enters the divorce decree.

Factors in Determining Alimony

Tennessee law lists several relevant factors judges must consider when deciding an alimony order. These factors may include:

• The length of the marriage
• The age and health of each spouse
• The education, earning capacity, and employability of each spouse
• Marital debt and liabilities
• Each spouse's financial resources and separate property after the marital property division
• Marital standard of living
• Child support, child custody, and other spousal support awards
• Tax consequences to both parties

Tennessee alimony laws allow judges to consider marital fault in the amount of alimony awarded. Judges can't make alimony punitive. What is more common is that an at-fault spouse either gets less alimony than they are asking for or has no defense against a demand for alimony.

Tennessee Spousal Support Laws: Related Resources

Please visit the links below for more information and resources on this topic.

• Tennessee Marital Property Laws
• Tennessee Prenuptial Agreement Laws
• Tennessee Divorce Laws
• Divorce

Get Legal Advice from a Tennessee Family Law Attorney

There are many different types of alimony and elements to the award. If you have questions about a pending divorce or legal separation, you should speak with a Tennessee divorce attorney to protect your rights.