Clarksville Alimony Lawyer
Assisting Clients With Spousal Support Matters in Tennessee
Alimony can be a highly contested issue in divorce. It can also be unpredictable, since unlike child support, there is no set formula to determine the amount of alimony or how long those payments should continue. Instead, there are several factors the court may consider.
At Patton | Pittman, our family law lawyers represent our clients in all issues relating to divorce, including alimony. From our office in Clarksville, we represent clients in Middle Tennessee, including Army service members from Fort Campbell. We offer a free initial consultation to discuss your case.
Speak with a Clarksville alimony lawyer today! Schedule your free legal consultation by calling us at (931) 361-4477 or contacting us online.
Types of Alimony in Tennessee
There are two general categories of alimony in Tennessee: spousal support paid prior to divorce to help a financially dependent spouse pay bills while the divorce is in process; and support paid after divorce.
Spousal support paid after divorce may be one of four types:
- Transitional alimony, which is designed to help a spouse get back on his or her feet and become self-supporting after divorce. Rehabilitative alimony continues for a set period of time.
- Alimony in solido, which is a lump-sum payment (or series of payments) to make up for an imbalance in property division.
- Alimony in futuro, which is alimony one party pays to the other until the recipient spouse dies, remarries or has a live-in relationship.
- Rehabilitative Alimony, which is designed to provide some support to allow a spouse to complete training or education to help the spouse get back on his or her feet. Rehabilitative alimony continues for a set period of time.
Factors in Determining Alimony in Tennessee
The court may consider a number of factors in determining whether one spouse will be required to pay support to the other and the amount of that support. The two most important factors are:
- Does one party have a financial need
- Does the other have the ability to pay
Other factors the court may consider include the duration of the marriage, the ages of the party, the physical conditions of the parties, and fault in the breakup of the marriage. Since there is no clear-cut formula, the skill and experience of your alimony attorney are important to present your case in the best light.
Does Cheating Affect Alimony in Tennessee?
Tennessee is a no-fault divorce state, which means that infidelity (cheating) typically does not directly affect the division of property or the award of alimony. However, if the cheating spouse's actions significantly impacted the marriage or resulted in financial harm (such as spending marital assets on the affair), it could indirectly influence the court's alimony decision. Courts are more likely to focus on the financial needs and ability to pay alimony rather than punitive measures based on infidelity.
How to Avoid Paying Alimony in Tennessee?
While there is no guaranteed way to avoid paying alimony, some steps can potentially reduce the chances of having to pay or the amount of alimony awarded:
- Negotiate a settlement: If both spouses agree, they can work out an alimony arrangement in mediation or settlement talks, potentially avoiding a court decision.
- Demonstrate self-sufficiency: If the spouse seeking alimony is capable of supporting themselves or becoming financially independent, it may reduce the need for alimony.
- Contest the need for alimony: If you believe the other spouse is not entitled to alimony, present evidence that they are financially stable or capable of earning a living.
- Prove hardship: If you are financially unable to pay alimony, demonstrating your inability to meet the financial obligation may help lower or eliminate the amount.
However, keep in mind that Tennessee courts will always make decisions based on fairness and the specific circumstances of the case.
Can Alimony Be Modified in Tennessee?
Yes, alimony can be modified in Tennessee if there is a significant change in circumstances. This could include changes in income, health, employment status, or other factors that impact the paying spouse's ability to pay or the receiving spouse's need for alimony. However, alimony modifications are not automatically granted and require a petition to the court. If the circumstances are proven to have changed substantially, the court may adjust the amount or duration of alimony payments.
In Tennessee, if the spouse receiving alimony remarries or cohabitates with a new partner, alimony can be terminated, unless the parties agreed otherwise in the divorce settlement or the court order specifies a different outcome.
Contact Our Clarksville Alimony Lawyers Today
Whether you need help seeking alimony, contesting a claim, or modifying an existing order, a dedicated Clarksville alimony lawyer can provide you with the guidance and support necessary to achieve the best possible outcome.
If you are dealing with an alimony issue, contact our experienced team at Patton & Pittman Attorneys today. We are committed to helping clients navigate the complexities of family law, ensuring that your interests are prioritized and your financial future is secure.
Call (931) 361-4477, or contact us online to arrange a free initial consultation with our Clarksville alimony lawyers.
