McBrien & Kane

The official blog of McBrien & Kane, a Lebanon, Tennessee law office.

ALIMONY IN TENNESSEE

Posted by Angel Kane
Angel Kane
ANGEL KANE has been practicing since 1995. Angel was a member of the University
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on Wednesday, 18 January 2012 in McBrien & Kane Blog

Unlike the Tennessee Child Support Guidelines, there is not a formula to determine how much alimony someone may be entitled to.

In Tennessee, alimony is based on two things – your need for alimony vs. your spouse’s ability to pay it.

 

Additionally, the law sets out various factors the Judge should consider when determining if alimony should be awarded.  Some of those factors include your age, length of marriage, education, ability to support yourself in the future and your current assets.

 

Payment of your attorney fees in the divorce as well as future payments of your health insurance benefits can be considered forms of alimony.

 

Tennessee law sets out many forms of alimony.  Some are modifiable at a later date and some are not.  Some are for a sum certain and some forms of alimony payments, go on forever.

 

In most cases, alimony is income to you and a deduction for the payer.  In some cases, alimony is dischargeable in bankruptcy and other times it is not.

 

For all these reasons, it is important that your attorney advice you on the various types of alimony and their consequences.

 

Recently, headlines were made in Tennessee over alimony awards.  The Court of Appeals had awarded alimony to a spouse and their ruling could have changed the future basis for alimony awards.  However, in a reversal of that decision, the Tennessee Supreme Court, left in place long standing rulings on alimony awards.

 

The answer is that when it comes to an award of alimony in Tennessee, several factors come into play. Facts about each of the parties are part of this equation. There is no magic formula to determine alimony but past legal cases and the precedent they set, will help the Judge determine if you are a good candidate for an alimony award or not. 

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ANGEL KANE has been practicing since 1995. Angel was a member of the University of Memphis Law Review and served as a judicial law clerk while in law school. A graduate of the University of Memphis Law School, Angel has practiced in Memphis and Lebanon, Tennessee.

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