Important Factors in the Determination of Alimony

By
Sarah Richter Perky
5
minutes read
19.3.2024

Tennessee recognizes four distinct types of spousal support: alimony in futuro, alimony in solido, rehabilitative alimony, and transitional alimony.

Types of Alimony

Alimony in futuro, a form of long-term support, is appropriate when the economically disadvantaged spouse cannot achieve self-sufficiency and economic rehabilitation is not feasible.

Alimony in solido, another form of long-term support, is typically awarded to adjust the distribution of the marital estate and, as such, is generally not modifiable and does not terminate upon death or remarriage.

By contrast, rehabilitative alimony is short-term support that enables a disadvantaged spouse to obtain education or training and become self-reliant following a divorce. Where economic rehabilitation is unnecessary, transitional alimony may be awarded.

Transitional alimony assists the disadvantaged spouse with the “transition to the status of a single person.”

Important Alimony Factors

  1. 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;
  2. 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 earnings capacity to a reasonable level;
  3. The duration of the marriage;
  4. The age and mental condition of each party;
  5. The physical condition of each party, 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 a party to seek employment outside the home, because such party will be custodian of a minor child of the marriage;
  7. The separate assets of each party, both real and personal, tangible and intangible;
  8. The provisions made with regard to the marital property, as defined in § 36-4-121;
  9. The standard of living of the parties established during the marriage;
  10. 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; (
  11. The relative fault of the parties, in cases where the court, in its discretion, deems it appropriate to do so; and
  12. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.

Contact Us

If you would like to discuss alimony and how these factors may affect your divorce, please contact CPJ for a consultation.