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Alimony and Spousal Support in Tennessee

How Tennessee decides spousal support (alimony), the factors courts weigh, and how marital property is divided.

Short answer: The court may award rehabilitative alimony, alimony in futuro (periodic), transitional alimony, alimony in solido (lump sum), or a combination. The law prefers rehabilitating an economically disadvantaged spouse when possible; Tenn. Code Ann. 36-5-121(d), (i)

Alimony (spousal support)The court may award rehabilitative alimony, alimony in futuro (periodic), transitional alimony, alimony in solido (lump sum), or a combination. The law prefers rehabilitating an economically disadvantaged spouse when possible; long-term support may be ordered when rehabilitation is not feasible. Factors include each party's earning capacity, needs and resources, education and training, length of the marriage, age and mental and physical condition, child custody responsibilities, separate assets, the property division, standard of living, monetary and homemaker contributions, relative fault where appropriate, and tax consequences. There is no formula.
Dividing propertyTennessee uses equitable distribution. Before deciding alimony, the court divides marital property in the proportions it considers just, without regard to marital fault, and allocates marital debt. Factors include the length of the marriage, each spouse's age, health, skills, earning capacity, assets, debts and needs, and contributions to the marriage. Separate property includes property owned before the marriage (including IRAs), property exchanged for it, income and appreciation of premarital property (unless it becomes marital), gifts and inheritances received at any time, certain personal injury and crime-victim awards, and property acquired after a legal separation order that finally divided property.

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FAQ

How is alimony decided in Tennessee?
The court may award rehabilitative alimony, alimony in futuro (periodic), transitional alimony, alimony in solido (lump sum), or a combination. The law prefers rehabilitating an economically disadvantaged spouse when possible; long-term support may be ordered when rehabilitation is not feasible. Factors include each party's earning capacity, needs and resources, education and training, length of the marriage, age and mental and physical condition, child custody responsibilities, separate assets, the property division, standard of living, monetary and homemaker contributions, relative fault where appropriate, and tax consequences. There is no formula.
Is Tennessee a community property state?
Tennessee uses equitable distribution. Before deciding alimony, the court divides marital property in the proportions it considers just, without regard to marital fault, and allocates marital debt. Factors include the length of the marriage, each spouse's age, health, skills, earning capacity, assets, debts and needs, and contributions to the marriage. Separate property includes property owned before the marriage (including IRAs), property exchanged for it, income and appreciation of premarital property (unless it becomes marital), gifts and inheritances received at any time, certain personal injury and crime-victim awards, and property acquired after a legal separation order that finally divided property.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.