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Alimony and the state of Tennessee

In most Tennessee cases, divorce is a simple and straightforward process. In other instances, the details of alimony can thwart the otherwise smooth divorce legal procedures, especially those cases in which individuals fail to pay alimony fees. There are many factors that determine each alimony case, and state laws are continually changing to better fit the needs of citizens. 

The American Bar Association of Family Law produced a document covering new trends in alimony laws. The court system recently saw a number of changes in alimony modifications in 2014, particularly those concerning more women in the workforce over recent years. The following factors help determine the details in alotting alimony:

  • Cohabitation
  • Retirement
  • Ending dates for alimony 
  • Retroactive modification
  • Increase in fees when child support ends

The court considers these factors when gauging alimony fees of a divorce case. Sharing living expenses and mixing finances can alter a case's alimony regulations.

Findlaw clarifies some common concerns of divorce cases and alimony, stating in an article on Tennessee Marital Property Laws that Tennessee is not a community property state. This legal detail means that spouses must agree on everything in the divorce request, and if spouses are able to agree, they must file a Marital Dissolution Agreement form. If those involved cannot come to an agreement, a judge can divide marital property. There are various types of alimony a judge can declare in such cases; "equitable distribution" laws in Tennessee takes into account each spouse's needs and means. It is also common for courts to employ an outside appraiser, unless the value of an asset is apparent, such as that of a bank account or stock shares.   

 

 

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