Spousal support or “alimony” has been part of divorce law for centuries (yes, centuries). Separate and apart from child support—which is calculated based on certain fixed factors such as number of children, incomes, and parenting responsibilities—alimony may take into account an even wider range of issues, and trial judges are given wide discretion in determining these awards.
© Angelika Bentin / PhotoXpress
Tennessee law specifically authorizes a divorce court to award four types of alimony:
- Rehabilitative alimony is intended to help the spouse obtain education or training to achieve the standard of living that existed during the marriage)
- Alimony in futuro, also known as periodic alimony, is meant to provide long-term financial support until the spouse’s death or remarriage
- Transitional alimony may apply when rehabilitation is not required but the court finds the spouse needs temporary financial assistance.
- Alimony in solido is lump-sum alimony, typically given to adjust the distribution of marital property.
In determining whether to award spousal support (and if so, how much and for how long) the courts consider several factors, including:
- The relative earning capacity, obligations, needs, and financial resources of each party.
- The relative education and training of each party.
- The duration of the marriage.
- The age and physical and mental condition of each party.
- The separate assets of each party and how the marital property is to be divided.
- The standard of living of the parties during the marriage.
The trial court may consider almost any factor it deems relevant to the parties’ circumstances; however, the two most important factors are the disadvantaged spouse’s need and the other spouse’s ability to pay.
