What are the types of alimony available in Tennessee? Nashville Divorce Attorney

There are numerous types of alimony available in Tennessee. What type of alimony you seek and/or obtain is dependant upon your individual situation. Remember, alimony is not guaranteed. The determination of what type of alimony to seek and the amount of any such award is a difficult one and generally requires the asisstance of an experienced Tennessee divorce attorney.

Tennessee courts recognize the following types of alimony:

Alimony in futuro – This is a commonly thought of alimony but is not necessarily the most common that is awarded in divorce cases. Alimony in futuro is permanent alimony paid to a former spouse until they die or remarry. This type of alimony is often used in marriages of a longer duration.

Rehabilitative alimony – This is a common form of alimony that is used in marriages of a shorter duration. However, as with any issue, this is not a hard and fast rule. Rehabilitative alimony is awarded to a spouse until they are able to reenter the work force and become self-sufficient. This type of support is often awarded to people who left careers to help raise families.

Transitional alimony – This is type of “temporary” alimony paid to one spouse for a specific period of time to assist that spouse in transitioning back to being single. Again, this is often used in marriages of a shorter duration.

Alimony in solido – This type of alimony is often referred to as “lump sum” alimony. This type of alimony can be used in a number of situations and is often used to adjust and for the division in marital property. 

Again remember ALIMONY IS NOT GUARANTEED! Seek out the advice and assistance of an experienced Tennessee Divorce Attorney to assist you with this process.

 

What Is Alimony? Tennessee Divorce Attorney

As attorneys, we often forget that there are terms of art that we use on a daily basis that some of our clients simply do not understand. Yesterday I was asked a simple question; what is alimony? I have used the term so many times that I just assume that everyone knows what it is. However, that is not necessarily the case. So, the following is the short definition of what alimony is:

Alimony is a legal term of art that Tennessee Courts have used to define the financial support of one spouse to another following the dissolution of the marriage. Alimony can be either permanent or rehabilitative. Alimony is also often called spousal maintenance or spousal support, the terms are relatively interchangeable and the use of the individual terms really depends on the attorney you are using. However, the courts understand and use the phrase alimony to define the spousal support obligation. Alimony is paid by one spouse to help maintain the standard of living that a former spouse had during the marriage.

REMEMBER ALIMONY IS NOT GUARANTEED!

When and if you make the difficult decision to go down the road toward a divorce it is essential that you seek out the assistance of an experienced divorce attorney to assist you with the process. There are numerous issues that go into the determination of whether or not you are entitled to alimony.

How long does a divorce take in Tennessee?

How long does a divorce in Tennessee take?

That’s a tough question.

There are many things that go into how long a divorce case will take. Including, but not limited to, the emotions of the parties, whether it is a fault divorce or no fault divorce, the finances of the parties, whether you have children, etc. Therefore, it is difficult to say with any certainty how long any one individual divorce will take.

In Tennessee,  there are “waiting periods” for divorces. In Tennessee our legislature has provided for “cooling off” periods after the filing of a petition for divorce. Our statutes provide: A complaint or petition for divorce on any ground for divorce must have been on file for sixty (60) days before being heard if the parties have no unmarried child under eighteen (18) years of age, and must have been on file at least ninety (90) days before being heard if the parties have an unmarried child under eighteen (18) years of age. The sixty-day or ninety-day period shall commence on the date the complaint or petition is filed.

As with all divorce and/or family law matters it is essential that you seek out the assistance of an attorney knowedgable with Tennessee divorce and family law.

Nashville Divorce/Family Law Changes in standard Marital Dissolution Agreements in Davidson County

Effective January 1, 2010 the 4th and 8th Circuit Court for Davidson County mandated the inclusion of the following language in all Tennessee marital dissolution agreements:

“This decree does not necessarily affect the ability of a creditor to proceed against a party or a party’s property, even though the party is not responsible under the terms of the decree for an account, any debt associated with an account or any debt.  It may be in a party’s best interest to cancel, close or freeze any jointly held accounts.”

Why the inclusion of this language in your Tennessee marital dissolution agreement? Well, the simple answer is that even if you and your soon to be ex-spouse agree that he or she will take on a certain debt, the creditor does not necessarily have to abide by the agreement. With that being said, there are methods by which a well qualified attorney can clarify the financial provisions of a Tennessee marital dissolution agreement to make certain that the wishes of the parties is more readily recognized by creditors.

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