Memphis Alimony Attorney
When divorcing spouses have been married for an extended period of time, or where one spouse has not worked in order to keep the home and care for the children while the other spouse has advanced his or her career, a divorce can seriously jeopardize the financial security of one of the spouses. Alimony – also called spousal maintenance or spousal support – can assist in protecting the financial interests of a spouse who finds him- or herself in such a situation.
Alimony is generally only awarded where there is a need by one spouse for the support and an ability to pay support by the other spouse. Whether you are seeking alimony or are attempting to defeat a request for alimony, experienced legal assistance and counsel can help you achieve your objectives.
Types Of Alimony In Tennessee
Where alimony is determined to be appropriate, a court can award various types of alimony. Although alimony is typically awarded when a divorce is finalized, a court can also order one spouse to pay temporary alimony to the other spouse while the divorce is pending. This temporary alimony automatically ceases once the divorce is finalized regardless of whether the court orders a different type of alimony or not.
Alimony ordered as part of a divorce decree can take one of four forms:
- Periodic alimony, which is the payment of a specific sum of money designated as alimony to the other spouse on a regular basis (typically monthly) for a set period of time. There is no minimum or maximum duration for periodic alimony; rather, the court considers the situation of the parties and enters an appropriate duration.
- Rehabilitative alimony, which is support that is designed to help the supported spouse reestablish him- or herself in the workforce following a divorce. This type of alimony can help a spouse return to school, learn a new trade, or otherwise develop the skills necessary to live independently from the other spouse.
- Transitional alimony is alimony designed to help a spouse transition from living in a two-income household to a one-income household. A spouse receiving transitional alimony may not need any additional education or training to become self-sufficient, but he or she may need assistance in making an adjustment to living as a divorcee.
- Lump-sum alimony is, like its name implies, a one-time payment of a specific amount made by one spouse to the other spouse. (In some cases, the spouses themselves agree to a one-time lump-sum alimony payment at the time the divorce is finalized in lieu of other types of alimony.)
Determining Whether Alimony Is Appropriate In Your Case
A court considers a number of factors, including the length of the marriage, in determining what, if any, alimony is appropriate. A spouse who does not ask for alimony as part of the divorce is generally precluded form coming back later after the divorce is finalized and asking for alimony at that time. Therefore, if a spouse believes alimony might be appropriate, it is important to ask for alimony as part of the divorce.
A COURT MAY DETERMINE ALIMONY IS APPROPRIATE AFTER CONSIDERING:
- The length of the marriage;
- The earning capacity of each of the spouses, including their education and work histories;
- Any physical or mental handicaps or disabilities of the spouses;
- The assets each spouse will have after the divorce is finalized;
- Which spouse will be the residential parent for any of the parties’ children;
- The standard of living established during the marriage;
- and/or Other relevant factors.
Douglass & Runger, PLLC, Attorneys At Law, Is Your Seasoned Memphis Alimony Law Firm
If you are divorcing and alimony is an issue in your case, you need experienced and personalized representation to ensure your interests are protected and properly presented to the court. Contact Douglass & Runger, PLLC, Attorneys at Law, at (901) 388-5805 to discuss your legal needs with a knowledgeable Tennessee alimony attorney today.