Does Tennessee Recognize Alimony Or Spousal Support Awards In A Divorce?
Unlike the rigid child support format, spousal support is handled on a case-by-case basis. Each party can determine by agreement if there will or will not be spousal support and the details of the agreement. If you go to a court, the judge will examine different factors and make an assessment based on the facts at the judge’s discretion.
The two most important factors that a court will look at when it comes to spousal support are:
- Does one party need it?
- Can the other party afford it?
If both of those questions are answered yes, then the court will conduct an in-depth analysis of the facts and circumstances to determine what an appropriate spousal support award would be.
If either one of those questions is answered no, there will be no spousal support. If you have a short-term marriage (1-3 years), there’s not likely to be spousal support. If your marriage is greater than 10 years there is a greater likelihood that there will be spousal support.
The court takes into consideration specific situations. For example, if one spouse stays home to take care of children and the other spouse is out in the workforce gaining experience and time on the job that allows them to have a better-paying career, the spouse who sacrificed their career to stay home and take care of the children would more likely be a spouse in need of spousal support.
Other situations that could potentially exist are if one spouse is unable to work or if there is a child at home who has special needs, or which spouse is going to be awarded the marital home in a divorce. All of those factors will go into an assessment by the court to determine what an appropriate amount of spousal support should be.
There are different kinds of spousal support. One of the most common is rehabilitative support. For instance, if spouse has stayed home and taken care of the children and the other spouse has gone to school and gotten a better degree so that he/she has greater potential to earn more in a career. The earning spouse may have to pay the other spouse who stayed home spousal support for a certain time to help them gain more training, a degree, or something that will enable them to have greater income in the future.
For more information on Alimony or Spousal Support Awards In A Divorce, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (423) 262-8964 today.