Alimony Lawyers in Clarksville, TN

Finances often quickly become a major factor in divorces. Both parties want to protect their financial interests and ensure that they are getting everything they are entitled to in the divorce settlement. Alimony is a factor that can apply to many divorce situations, but it’s also something that is widely misunderstood.

If you think that your situation qualifies for alimony payments, it’s important to have a full understanding of what alimony is and how it is handled in the Tennessee family courts. While we’ve provided a short overview below, it’s best to talk with an experienced family law attorney about your specific situation to truly understand whether alimony may be ordered in your divorce and what you can do to protect your financial interests.

Getting a divorce means recalibrating all of your finances, and it’s important to understand how alimony payments may factor into this. Whether you anticipate paying or think you will be receiving alimony payments as part of your divorce settlement, it’s important to talk to an alimony attorney about what to expect and your responsibilities. Call Hibbeler & Associates today to learn more about how Tennessee handles alimony and what you can expect.

What Is Alimony?

Alimony is a term used to describe financial support payments that are paid from one party to another after a divorce. It is also sometimes referred to as spousal support. Either party can request alimony, but it is usually ordered in cases where the financial status and outlook of the spouses differ significantly.

For example, if one spouse is working as a doctor and the other has been a stay-at-home parent, the courts may award alimony to the unemployed party to give them time to establish themselves independently. In Tennessee, alimony can be ordered as monthly payments or a one-time lump sum.

When Does Alimony Apply?

While some states have a minimum length of marriage required to receive alimony payments, Tennessee isn’t one of them. This means that, theoretically, even if you’ve only been married a few months, alimony could be on the table.

However, it’s more common for alimony to be awarded in cases when the marriage was long enough to establish financial dependence by one party on the other. It’s also important to note that there are a few kinds of alimony in Tennessee, and payments may be awarded on a temporary or permanent basis, depending on the specific circumstances of the marriage.

What Determines the Amount of Alimony?

The amount of alimony awarded in a divorce is primarily determined by each party’s financial situation. Courts take an in-depth look at both spouses’ economic circumstances to ensure the financially dependent party is supported fairly. This involves assessing current income, future earning potential, liquid assets, and even physical assets—such as a home—that may be awarded in the divorce settlement.

In general, the larger the financial disparity between the two parties, the higher the alimony payment. Additionally, in high-asset divorces, alimony payments tend to be larger if the court deems them necessary.

Factors That Influence Alimony Amounts

When determining whether to award alimony and how much to grant, courts consider a variety of factors, including:

1. Current Income & Earning Potential
   • The income of each spouse, including salary, bonuses, investments, and other revenue streams.
   • Whether one spouse sacrificed their career to support the household or raise children.
   • The potential for career advancement or retraining if one spouse has been out of the workforce.
2. Length of the Marriage
   • Longer marriages (typically 10+ years) are more likely to result in higher and longer alimony awards.
   • Shorter marriages may only result in temporary or rehabilitative alimony, if awarded at all.
3. Standard of Living During the Marriage
   • Courts try to ensure that both parties maintain a similar standard of living post-divorce.
   • If one spouse was accustomed to a luxurious lifestyle, they may receive higher alimony payments.
4. Financial Needs & Expenses
   • Each spouse’s monthly expenses, including housing, healthcare, insurance, and other necessities.
   • Whether one party has significant debts that impact their financial stability.
5. Property & Asset Division
   • The assets each spouse receives in the divorce settlement, including homes, businesses, and investments.
   • If one spouse receives a larger portion of the marital assets, the need for alimony may be reduced.
6. Health & Age of Each Party
   • If one spouse has health issues or disabilities, they may need higher or longer-term support.
   • Older spouses nearing retirement age may have different alimony considerations than younger, employable spouses.
7. Parental Responsibilities & Custody
   • If one spouse is the primary caregiver for young children, they may receive additional support.
   • Courts factor in how parental responsibilities affect a spouse’s ability to work full-time.
8. Contributions to the Marriage
   • If one spouse helped put the other through school or build a career, courts may factor this into alimony decisions.
   • Stay-at-home parents who sacrificed professional growth to raise children often receive compensatory alimony.
9. State Laws & Judicial Discretion
   • Alimony laws vary by state, with some states setting strict formulas and others leaving it to the judge’s discretion.
   • Judges have the final say on whether alimony is temporary, permanent, or denied altogether.

How Long Do I Have to Pay Alimony?

If you’ve been ordered to pay alimony, one of your first questions is likely, “When do the payments stop?” And like many issues in family law, the answer is, “it depends.” When the alimony is ordered, the courts will include the length of the term and what conditions can terminate the alimony early.

For example, it’s common for alimony payments to stop if the receiving party remarries because the courts have the expectation that there is no longer the need for extra financial support. In general, the longer the marriage, the longer alimony is ordered.

If you have questions about alimony and how it may factor into your case, reach out to a Clarksville family law attorney at Hibbeler & Associates as soon as possible. Knowing what your rights are and what possibility of alimony exists in your case can inform your legal strategy as you navigate the divorce process. Call our Clarksville office at 931-236-2711 to speak with one of our alimony lawyers or schedule a free consultation.