In a recent interview, Francis King, founding member of the Law Offices of Francis King in Nashville, TN, revealed crucial facts about alimony in Tennessee divorces. —
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When asked for a comment, King said, “Achieving an alimony resolution in a divorce can be quite complicated because Tennessee does not have a strict formula for calculating post-divorce spousal support. As a result, varying and often contradictory results are reached in cases that otherwise seem strikingly similar on their facts. This makes it very difficult to predict what a court will do when deciding alimony in any particular case."
That said, King points out that there are a number of statutory factors that judges must consider when making decisions about alimony.. These factors include, among others, the duration of the marriage, the overall financial picture of each spouse, including property owned, the earning capacity and potential earning capacity of each party, the marital standard of living, the division of marital property …. and, most importantly, the need of one spouse for alimony and the ability of the other to pay it.
King explains, “A judge will weigh these factors, and more, to consider the type of alimony that should be awarded in a divorce. Tennessee offers four types of alimony. Rehabilitative alimony is meant to provide the receiving spouse with enough support for a long enough time to obtain training or education necessary to become employable,”
Another form of alimony is called “transitional.” King says, “Even if a spouse does not need to be rehabilitated, he or she may need some support for a stated period of time in order to adjust, economically, to life after a divorce. Transitional alimony may be awarded for that purpose. It is important to note that the court cannot order both rehabilitative and transitional alimony, as the two cannot be combined.”
A third type of alimony, which is disfavored by the Tennessee legislature and courts, is called alimony in futuro. This is, essentially, long term alimony that is payable until one of the former spouses dies or the recipient remarries. It can also be modified by the court if there is a material change of circumstances, such as the “reasonable” retirement of the obligor.
Because alimony issues in Tennessee can be tricky to resolve, King pointed out that the best thing to do is to speak with an experienced family law attorney to help navigate the legal landscape to reach a favorable outcome..
Name: Francis King
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Organization: Law Offices of Francis King
Address: 4235 Hillsboro Pike #300 Nashville, TN 37215 USA
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