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If you need help obtaining spousal support, contact J. Steven Anderson Law Firm, PLLC. Mr. Anderson has been practicing since 1983 and is dedicated to guiding you through your family law matter.
Tennessee provides for 4 different types of alimony that one spouse may be entitled to in the event of divorce (Lump Sum Alimony, Periodic Alimony, Rehabilitative Alimony, and Transitional Alimony). Each type of alimony is intended to meet a specific set of needs that one spouse may have as the result of the divorce. It is not the same as child support. There is no objective formula that the court can use to determine the type of alimony, the amount, or the length of time that alimony will be paid. Payments can range from small amounts for a short period of time to a substantial amount for the remaining lifetime of the recipient.
The courts look at a number of factors in determining whether or not alimony is appropriate in a divorce. In summary, they are:
1. The relative earning capacity, obligations, needs, and financial resources of each party:
2. The relative education and training of each party, and the need for further education and training to improve their earnings capacity;
3. The duration of the marriage;
4. The age and mental condition of each party;
5. The physical condition of each party;
6. Whether it would be undesirable for a party to work outside the home, because such party will be custodian of a minor child of the marriage;
7. The separate assets of each party;
8. The value and nature of the marital property each will have after divorce;
9. The standard of living of the parties established during the marriage;
10. The extent to which each party made contributions to the marriage;
11. The relative fault of the parties, in some cases; and
12. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.
By far, the most important factors that the court looks at are based on (1) above. The courts primarily look at whether or not one spouse has a need for alimony. If a need for alimony is found, the court looks to see if the other party has the ability to pay alimony.
Sometimes one spouse will try to hide income, or temporarily avoid making income, in order to make it look like they cannot pay alimony. Other times, a spouse may purposefully avoid earning income so that they can claim that they have a need for alimony when they really only need to look for a job. These deceptions can often be discovered and exposed. In a divorce where alimony is an issue, it is essential that your lawyer know the law regarding alimony and have experience in discovering the various ways that people will try and hide income or avoid income to gain an advantage. J. Steven Anderson has that experience.
Trust your alimony issue to J. Steven Anderson Law Firm in Memphis, TN
