The Availability of Alimony in Tennessee

Alimony is not automatically granted in a divorce, but must be requested. In Tennessee, an order for alimony or spousal support is based on the court's determination of the party's need and ability to pay. Among the factors the court will consider are:

  • The length of the marriage

  • The age and health of the respective parties

  • The earning capacity of each spouse

  • The lifestyle to which the parties are accustomed

  • The disparity of income.

Tennessee courts determine spousal support (alimony) based on several factors: A court may order

  • Short-term alimony, which exists for a limited period of time. This frees the party requesting the alimony to transition from a two-income household to a one-income household.

  • Rehabilitative alimony, which allows a party to receive spousal support for the period of time necessary to complete education or training and become self-supporting.

  • Long-term spousal support, which is really long-term maintenance, is rarely awarded. This is where a party's ability to care for herself/himself is lessened due to health or advanced age.

William J. Taylor will work with you to determine if your situation allows for the establishment of spousal support. If necessary, a Motion to the court requesting such support will be necessary to equalize the disparity that may exist once a divorce is finalized.