-- When a couple divorces, alimony is often an aspect that is a source of undue stress and anxiety for those involved, revealed Tennessee’s Family Law Attorney Francis King.
Alimony, or spousal support, is money paid by one side to support the other party, either as agreed to by the parties in the divorce proceeding or determined by the courts at trial if the case is not settled.
The type and duration of alimony is governed by a Tennessee statute that includes multiple factors, the most important of which relate to the extent to which one party can demonstrate a need for alimony and the extent to which the other party can afford to pay it. Other relevant factors include each spouse's earning capacity, the length of the marriage,, the education and health of each spouse, how the marital property is to be divided and, in the discretion of the court, who is at fault for the divorce.
According to Mr. King, the strongest cases for long-term alimony are those in which one spouse has been a stay-at-home parent for many years, sacrificing her/his own career opportunities for the benefit of the family while the other parent’s career and earnings have been advanced and maximized. In such circumstances, the "economically disadvantaged spouse” can make a compelling case.
With regard to the type of alimony to be awarded, in Tennessee, a judge can award alimony falling within four general classifications: Rehabilitative, In Futuro, Transitional and In Solido.
King explained that rehabilitative alimony is awarded in order to allow the recipient spouse to pursue education or training that will enable him/her to obtain employment and earn income.
Alimony In Futuro, or Periodic Alimony, is a traditional type of alimony in which one spouse makes payments of support and maintenance over the long term or until the recipient party gets married again or co-habitates.
Transitional Alimony is awarded so as to enable the other recipient spouse to adjust to the economic consequences of a divorce.
Alimony In Solido entails the payment of a fixed amount of money, either in a lump sum or in installments over time. This type of alimony is non-modifiable and still has to be paid, no matter the changing circumstances of the paying spouse.
King concluded: "Spouses need to seek professional guidance from their divorce attorneys on how best to handle alimony. A better understanding of the process can enable parties to thrash out a fair settlement for both in the long run."
Contact Info:
Name: Francis King
Email: Send Email
Organization: Law Offices of Francis King
Address: 4235 Hillsboro Pike #300 Nashville, TN 37215
Phone: (615) 899-4355
Website: https://franciskinglaw.com
Release ID: 89174881
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