Planning for the Future May Include Spousal Support
When clients come in to discuss an impending divorce, they often ask about alimony: Is there such a thing? Yes. In many cases, especially when there is a significant disparity in income or earning ability, alimony can be awarded in a divorce.
The Murfreesboro alimony lawyers at Kidwell, South & Beasley work closely with our clients to determine if alimony should be awarded, and if so, how much and over what period of time. Alimony or spousal support is a way to assure both spouses leave the marriage with the resources to continue living as closely as possible to the lifestyle of the marriage. There are several types of alimony:
- Transitional alimony is paid over a defined period of time to help an ex-spouse become self sufficient. Transitional alimony is intended to allow the dependent spouse an opportunity to adjust financially to unmarried life. It normally cannot be modified.
- Rehabilitative alimony can be awarded when further education or job skills training can be used by an economically disadvantaged spouse to achieve a reasonable standard of living. This type of alimony is the preferred type by both the courts and the legislature. It can be modified when circumstances have changed.
- Periodic alimony or alimony in futuro is ordered by the court when the economically disadvantaged spouse cannot be financially rehabilitated. It is normally awarded in long-term marriages, and it is modifiable when circumstances have changed for either party. When the marriage has been long and one spouse will not likely become self-supporting, alimony in futuro or long-term alimony may be awarded and paid until retirement or death.
- Alimony in solido is a definite amount that can be awarded either in one lump sum or installments over a defined period of time. It is not modifiable and survives the death of either party. In some respects, it is treated like a property division because it has no tax consequences. This means that it is not taxable as income for the person receiving the alimony, and it cannot be deducted by the party paying the support.
- No matter what type of spousal support you pay or you are awarded, you should talk to your lawyer about the tax consequences.
The two major factors that the court considers in awarding alimony are the ability to pay and the need of the financially disadvantaged spouse. Other factors such as duration of the marriage, age and health of the parties, future earning abilities of the parties, standard of living enjoyed during the marriage, and relative fault of the divorce can be considered as well.
Tennessee Spousal Support Attorneys: 615-692-1421
Spousal support is a large gray area of the law. There are statutory factors considered, but the guidelines are not firm and clear. Courts have wide discretion in awarding alimony, both in the type of alimony and the amount awarded. Our divorce attorneys understand this area of law well, and we work hard to help our clients reach fair alimony agreements.
Be sure you have an attorney who will stand by you and assure you of an alimony agreement that is fair. Contact us for an appointment.
