Spousal support or alimony can be a challenging issue in a divorce. Former spouses seeking ongoing financial support must prove its necessity.
Judges have broad discretion in this area, making it essential to work with an experienced family law attorney. The Knoxville spousal support lawyers at Cole Guindi & Pienkowski are skilled and seasoned litigators who could help you meet your financial goals in divorce. Contact us today to schedule your consultation and learn how we could help you navigate the legal process.
Why Would a Court Order Ongoing Support?
Our society commonly thinks of marriage as an emotional and spiritual relationship, but it is also a financial contract. Spouses have an obligation to meet each other’s needs for food, shelter, and the other necessities of life.
Post-divorce spousal support, or alimony, ensures that when one spouse was financially dependent on the other, a divorce will not leave the dependent spouse impoverished. When a couple establishes a comfortable lifestyle together, spousal support can help each spouse maintain a similar standard of living post-divorce.
However, spousal support is not automatic. Judges consider numerous factors when deciding whether to grant ongoing support, how much to award, and the duration of support. The two primary factors when considering alimony are need and ability to pay. During your initial consultation, a knowledgeable Knoxville attorney could explain the alimony options and potential outcomes based on your specific circumstances.
Four Spousal Support Options
When a spouse requests alimony, the judge considers numerous factors when making a decision. Important considerations include:
- The length of the marriage
- The value of each spouse’s separate property
- Whether there are minor children in the household
- Each spouse’s physical and mental health
Our Knoxville attorneys could use these factors to demonstrate that the law supports your desired outcome regarding spousal support.
Tennessee Code §36-5-121 spells out four different alimony arrangements that a judge could order. In each case, the intent is to recognize each spouse’s economic and non-economic contributions to the marriage and ensure the spouses have the means to enjoy similar lifestyles after divorce.
Transitional Alimony
When both spouses are capable of providing themselves a reasonable standard of living, but one spouse needs temporary assistance, a court may grant transitional alimony. This form of support is intended to help one spouse establish a separate household and pay expenses associated with the divorce proceedings.
Rehabilitative Alimony
This form of support requires the higher-earning spouse to pay regular sums for a reasonable period until the other spouse can become self-supporting. Rehabilitative support is common when one spouse has made educational or career sacrifices to care for children. The receiving spouse must take steps to improve their financial position, such as continuing their education or rejoining the workforce.
Alimony in Futuro
When the economically disadvantaged spouse has no reasonable prospect of becoming self-supporting due to their age, health, or capacity, a judge could grant alimony in futuro. This is a traditional form of alimony that requires the wealthier spouse to provide support indefinitely. The obligation ceases only upon the recipient’s remarriage or death, or a substantial change in either party’s circumstances.
Alimony in Solido
This is a lump sum granted to one spouse, which may be paid at once or in installments. Unlike other forms of alimony, the court cannot modify the amount of alimony in solido unless the parties agree. This form of alimony may be awarded in lieu of or in addition to other forms of spousal support.
Consult a Knoxville Attorney About Your Spousal Support Case Today
Spousal support can have a huge impact on your financial stability after divorce. Whether you plan to seek alimony or you think you may be asked to pay, you must have dedicated legal counsel advocating for your interests. Contact Cole Guindi & Pienkowski to consult with a Knoxville spousal support lawyer today.