Tennessee was admitted to the union in 1796. By 1799 there was already Tennessee case law about alimony! It just goes to show that there has always been and continues to be a need for Tennessee courts to decide whether, for how long and in what amount, spousal support should be paid.
1. Alimony In Solido – This form of alimony is a defined amount which can be paid in a lump sum or in installments. It is not subject to modification even if the obligor dies.
2. Rehabilitative Alimony – This form of alimony is designed to assist an economically disadvantaged spouse to achieve, with some type of reasonable effort, an earning capacity that will permit the economically disadvantaged spouse to have a reasonably comparable standard of living as what they enjoyed during the marriage. It can be modified upon a showing of a substantial and material change of circumstances. It terminates upon the expiration of the Court’s order or the death of the recipient or payor.
3. Transitional Alimony – When the Court finds that the economically disadvantaged spouse doesn’t need money for education or rehabilitation—but simply needs a bridge to help them adjust to the economic realities following their divorce—the Court will consider awarding alimony for a definite period of time. Transitional alimony is non-modifiable and terminates at the death of the recipient or payor.
4. Alimony In Futuro – When the Court finds that economic rehabilitation is not feasible then the Court can award alimony until a.) one of the spouses dies or b.) the alimony awardee’s situation changes such that alimony is no longer appropriate or necessary. For example, if the awardee remarries or cohabitates with a romantic partner, alimony may be terminated. Alimony in futuro is always modifiable upon a substantial, material change in circumstances.
Interestingly, lawyers once believed that alimony awards had to fit neatly within the descriptions set forth in the statute, however, recent opinions such as Deluca v. Schumacher (Tenn. App. 2020) have made it clear that the Court will enforce valid contract provisions even when they fly afield of typical understandings of alimony so caveat emptor, or “let the buyer beware.”
If you are in need of alimony or anticipate being asked to pay alimony, you should definitely schedule an appointment with our legal team to make sure your future is secured.