Alimony in Tennessee – An Introduction to the Four Types of Alimony

Most people are familiar with the word alimony.  But for those who have never been through a divorce or are unfamiliar with the law, alimony can remain a mysterious concept.  Alimony is simply payments made by one party to another after a divorce for support and maintenance.  Alimony provisions may be agreed to by the parties through the divorce process or in a prenuptial agreement, or can be ordered by the court at a divorce hearing.  Alimony is one of the important issues that will need to be addressed in the divorce process, especially in a long-term marriage or when one spouse’s earning capacity far exceeds the other.

How does the court determine whether to award alimony?  If left to the court’s discretion, in determining whether to award alimony, the court will first consider whether the spouse seeking alimony is economically disadvantaged.  If a party is determined to be economically disadvantaged relative to his or her spouse, the court will then determine the nature, amount, length of term, and manner of payment of the award.  The two most important factors in determining the amount of alimony is the economically disadvantaged spouse’s need and the obligor spouse’s ability to pay.  The primary consideration when determining an alimony award is the disadvantaged spouse’s need.

Tennessee recognizes four different types of alimony: 1) rehabilitative alimony, 2) transitional alimony, 3) alimony in futuro, and 4) alimony in solido.  The type of alimony awarded or agreed to will have certain consequences, such as the nature and amount of the alimony payment, the length of time alimony is awarded, the modification options available in the future, and certain tax consequences.

Rehabilitative alimony is temporary support intended to assist the economically disadvantaged spouse in obtaining the education or training necessary to allow him or her to achieve a reasonable standard of living in comparison to the standard of living maintained by the parties during the marriage or to the post-divorce standard of living available to the other spouse.  As the name suggests, the purpose of rehabilitative alimony is to help rehabilitate the party in order for him or her to maintain his or her lifestyle enjoyed during the marriage.

Transitional alimony will be awarded when a court finds that rehabilitation is not required but that the economically disadvantaged spouse needs financial assistance in adjusting to the economic consequences of the divorce.  While rehabilitative alimony is meant to assist the former spouse in receiving education and training, transitional alimony is meant merely to assist the person in transitioning into single life, rather than to rehabilitate the person in order to maintain his or her lifestyle.

Alimony in futuro is intended to provide support on a long-term basis until the death or remarriage of the recipient.  This type of alimony is appropriate where there is relative economic disadvantage and rehabilitation for the disadvantaged spouse is not feasible.  Alimony in futuro is appropriate when the disadvantaged spouse cannot achieve, with reasonable effort, the ability to maintain a standard of living reasonably comparable to the one enjoyed during the marriage or to the post-divorce standard of living for the other spouse.

Alimony in solido is another form of long-term support.  The total amount of alimony in solido is set on the date of the divorce decree and may be paid either in a lump sum payment of cash or property, or paid in installments for a definite term.  One purpose of alimony in solido is to adjust the distribution of the parties’ marital property.  Alimony in solido “may be awarded in lieu of or in addition to any other alimony award, in order to provide support, including attorney fees, where appropriate.” Tenn.Code Ann. § 36-5-121(d)(5). Unlike alimony in futuro, alimony in solido is considered a final judgment, is “not modifiable, except by agreement of the parties,” and does not terminate upon the death or remarriage of the recipient or payor spouse.  Tenn.Code Ann. § 36-5-121(h)(2)-(3).

What about modifying existing alimony awards?  What if rehabilitation does not go as planned and the former spouse needs to receive alimony for a longer period of time?  What if unexpected needs arise and the former spouse needs an increase in alimony payments?  What about early termination of alimony awards?  All of these topics will be covered in a new blog post coming soon.