SPOUSAL SUPPORT
The Tennessee State Code sets forth the factors the Court will use to decide whether spousal support should be awarded to either party.
Tenn. Code Ann. § 36-5-101(d)(1) states:
(A) The relative earning capacity, obligations, needs, and financial resources of each party, including income from pension, profit sharing or retirement plans and all other sources
(B) The relative education and training of each party, the ability and opportunity of each party to secure such education and training, and the necessity of a party to secure further education and training to improve such party's earning capacity to a reasonable level
(C) The duration of the marriage
(D) The age and mental condition of each party
(E) The physical condition of each party, including, but not limited to, physical disability or incapacity due to a chronic debilitating disease
(F) The extent to which it would be undesirable for a party to seek employment outside the home because such party will be custodian of a minor child of the marriage
(G) The separate assets of each party, both real and personal, tangible and intangible
(H) The provisions made with regard to the marital property as defined in § 36-4-121
(I) The standard of living of the parties established during the marriage
(J) The extent to which each party has made such tangible and intangible contributions to the marriage as monetary and homemaker contributions, and tangible and intangible contributions by a party to the education, training or increased earning power of the other party
(K) The relative fault of the parties in cases where the court, in its discretion, deems it appropriate to do so
(L) Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the partiesDivorceTennessee Alimony LawThe court will assist a spouse who is economically disadvantaged, relative to the other spouse, and attempt rehabilitation whenever possible by Ordering payment of rehabilitative, temporary support and maintenance. Where there is such relative economic disadvantage and rehabilitation is not feasible in consideration of all relevant factors, including those set out below, the court may grant payment of support and maintenance on a long-term basis or until the death or remarriage of the recipient. Rehabilitative support and maintenance is a separate class of spousal support as distinguished from alimony in solido and periodic alimony.In determining whether the payment of support and maintenance to your spouse is appropriate, and in determining the nature, amount, length of term, and manner of payment, the court will consider the following factors, including:
(1) The relative earning capacity, obligations, needs, and financial resources of each of you, including income from pension, profit sharing or retirement plans and all other sources;
(2) The relative education and training of each of you, the ability and opportunity of each of you to secure such education and training, and the necessity of either of you to secure further education and training to improve earning capacity to a reasonable level;
(3) The duration of the marriage;
(4) The age and mental condition of each of you;
(5) The physical condition of each of you, including, but not limited to, physical disability or incapacity due to a chronic debilitating disease;
(6) The extent to which it would be undesirable for you or your spouse to seek employment outside the home because you or your spouse will be custodian of a minor child of the marriage;
(7) The separate assets of each of you, both real estate and personal property, tangible (for example furniture, vehicles, or clothing) and intangible (for example stocks, bonds, or IRA's);
(8) The provisions the court made with regard to the distribution of marital property;
(9) The standard of living of you established during the marriage;
(10) The extent to which each of you has made tangible and intangible contributions to the marriage as monetary and homemaker contributions, and tangible and intangible contributions by one of you to the education, training or increased earning power to the other;
(11) The relative fault of each of you where the court, in its discretion, deems it appropriate to do so;
(12) The tax consequences to each of you;
(13) Other factors necessary to consider the equities between the parties.
Alimony and Retirement in Tennessee
If you are paying permanent alimony, the greatest case in the history of the Supreme Court for Tennessee is Bogan v. Bogan, which gives you the right to retire and reduce or terminate alimony. Prior to this case you had to pay until you were dead.
It is important that contact an experienced divorce attorney to make sure that your rights are protected.
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