Chattanooga Attorney Clarifies Your Alimony Options
Tennessee divorce lawyer ensures your divorce doesn’t destroy you financially
The legal team at Daniel K. Habenicht, PLLC, fights for your right to receive alimony or spousal maintenance. We strongly believe that a divorce should not leave either spouse in financial ruin. If you make significantly less than your spouse or you gave up career options to run the family household, our attorney can help you obtain the spousal support you deserve.
Who is entitled to alimony?
Either spouse can be eligible for alimony in a divorce case in Tennessee. Typically, a judge awards alimony to the economically disadvantaged spouse. This means that the spouse who is the main breadwinner may need to support the ex-spouse so he or she does not suffer significant economic hardship after the divorce.
Some factors that determine who may be awarded alimony include the following:
- The overall length of the marriage
- The standard of living during the marriage
- The relative fault of each party in the divorce
- Age of each spouse
- The level of education and training of each spouse
- Each spouse’s assets
Tennessee alimony law
Divorce laws in Tennessee are fairly straightforward. But issues such as child support and alimony can easily become contentious. And, as circumstances change, the need for alimony or the amount to be paid may need to change. Tennessee law allows alimony modifications under certain conditions. We can help you obtain the changes you need to fit your altered circumstances.
Types of alimony
In Tennessee, there are four types of alimony that can be awarded:
- Rehabilitative. Rehabilitative alimony allows spouses to go back to school or receive training so that their standard of living is comparable to what it was prior to the divorce. This type of alimony is not permanent and can be stopped or extended, depending on the specifics of the situation. Rehabilitative alimony can be awarded in addition to permanent and periodic alimony.
- Periodic. The courts refer to this type of alimony as alimony in futuro. Periodic alimony is alimony paid into the foreseeable future until a spouse dies or gets remarried. It’s often awarded along with rehabilitative alimony as supplemental payment to bring a spouse’s standard of living closer to that which existed during the marriage. It is modifiable.
- Permanent or Set. Also called alimony in solido or nonmodifiable alimony, permanent alimony is determined as a specific amount, whether payable in a lump sum or in a specific number of payments. It is often awarded to balance a property division.
- Transitional. Transitional alimony is awarded to help ease the short-term financial burdens of post-divorce life for the economically limited spouse. Transitional alimony is typically for a set amount and for a set time, which is usually less than five years.
An experienced divorce lawyer is essential to ensuring that you leave your marriage with financial security now and into the future.
Work with a Chattanooga law firm that understands alimony
Specializing in family law, the legal team at Daniel K. Habenicht, PLLC, knows you have questions. Our small and dedicated team ensures that you’ll always speak to a lawyer or a paralegal when you need answers. Call us at 423-756-3650 or reach us online. We are conveniently located downtown, accessible by public transportation, and we provide free parking. We’re here to help you through your divorce case.