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Written by Karen B. Hall
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Wednesday, 21 January 2009 20:19 |
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Alimony can be awarded in different ways and for varying lengths of time based upon the facts of each individual case. In general, Tennessee recognizes four types of alimony awards, as briefly described below. - ALIMONY IN FUTURO
Alimony in futuro is a payment of support and maintenance on a long term basis or until death or remarriage of the recipient. It may be awarded when the court finds there is relative economic disadvantage and that rehabilitation of the disadvantaged spouse is not feasible, meaning that the disadvantaged spouse is unable to achieve, with reasonable effort, an earning capacity that will permit the spouse's standard of living after the divorce to be reasonbly comparable to the standard of living enjoyed during the marriage, or to the post-divorce standard expected to be available to the other spouse, considering the relevant statutory factors and the equities between the parties. - REHABILITATIVE ALIMONY
The Tennessee Legislature has spoken through its statutory mandates that the spouse who is economically disadvantaged relative to the other spouse should be rehabilitated, whenever possible, by the granting of an order for payment of rehabilitative alimony. To be rehabilitated means to achieve, with reasonable effort, an earning capacity that will permit the economically disadvantaged spouse's standard of living after the divorce to be reasonably comparable to the standard of living enjoyed during the marriage, or to the post-divorce standard of living expected to be available to the other spouse, considering the relevant statutory factors and the equities between the parties. - TRANSITIONAL ALIMONY
Transitional alimony means a sum of money payble by one party to the other, or on behalf of the other, for a set period of time. Transitional alimony is awarded when the court finds that rehabilitation is not necessary but the economically disadvantaged spouse needs assistance to adjust to the economic consequences of a divorce, legal separation or other proceeding where spousal support may be awarded. - ALIMONY IN SOLIDO
Alimony in solido is an award of a definite sum of alimony and may be paid in installations provided the payments are ordered over a definite time period and the sum of the alimony to be paid is ascertainable when awarded. This type of alimony may be used to adjust the division of the parties' marital property, but it may also be awarded based upon the demonstrated need of an economically disadvantaged spouse. For more specific questions about the potential for an award of alimony, please contact us to schedule a consultation.
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