Knowledgeable Spousal Support Lawyers in Tennessee Work for Financial Fairness in Divorce
Helping clients achieve successful results regarding alimony payments
In Tennessee as elsewhere, divorce can cause a change in the spouses’ standard of living, and one of them might not be able to handle it as well as the other. Alimony, also known as spousal support, is a way to make up for this disparity, either on a temporary or permanent basis. My firm, Gasser Law PLLC, in Smyrna, Tennessee, has experience with obtaining a fair support arrangement for divorcing spouses, whether they are seeking alimony or being asked to provide it.
How is alimony determined in Tennessee?
The judge handling your divorce has wide discretion in deciding the amount and conditions of spousal support, taking into consideration a number of different factors. These include the length of the marriage and each spouse’s:
- Earning capacity, financial resources, needs and obligations
- Past and prospective education and vocational training
- Age and mental and physical conditions, including any chronic illnesses
- Child custody obligations
- Separate property
- Shares of the marital property awarded by equitable distribution
- Contributions (financial or otherwise) to the marriage or to the other spouse’s education, training or earning capacity
The judge may also consider any other factors relevant to the need for and ability to pay alimony, except for the gender of the paying or receiving spouse.
In Tennessee, alimony can be denied based on either spouse having committed adultery, even if the divorce is based on no-fault grounds. However, a denial of alimony requires proving that adultery was the reason the marriage broke up and that the other spouse was blameless.
What are the main types of alimony?
There are four types of alimony available in Tennessee:
- Rehabilitative alimony — This gives spouses sufficient resources to obtain education and training necessary to increase their earning capacities.
- Transitional alimony — This temporary support is intended to allow spouses to readjust to a changed living standard without further education or training.
- Alimony in futuro — This is long-term or permanent and is intended to provide support for spouses who are unable to earn an income.
- Alimony in solido — Also known as lump-sum alimony, this is a specified amount of support that is typically paid in installments on a set schedule.
As your family law attorney, I will fully analyze your case to determine which type of alimony is most appropriate. I will assist you in achieving a just and manageable support arrangement, whether you are the receiver or payer.
What happens if a spouse misses alimony payments?
If your spouse for any reason fails to pay alimony as ordered, there are several methods available to enforce payment, such as:
- A court order to compel payment
- A writ of execution on their property
- Garnishment of their wages
- A court order jailing and/or fining them for contempt of the spousal support order
- Appointment of a receiver to collect and pay you out of their property
- A qualified domestic relations order to force payment from their pension
- Putting a lien on their property
Although I will first try to work out a resolution of nonpayment issues, I will use any of these enforcement measures that I think are necessary to collect your spousal support. If you are the paying spouse and have fallen behind in your obligations, I will seek a practical outcome of the dispute that protects you from loss of your property.
Contact a dedicated central Tennessee spousal support attorney
Whether you are the spouse who will be paying or receiving alimony, you can count on me to fight for an award that is fair and manageable. Call Gasser Law PLLC, in Smyrna, Tennessee, at 615-267-0588 or contact us online to schedule a consultation.