Divorce

Alimony, also called maintenance or spousal support, is financial support paid by, or to, your spouse. The judge will decide whether or not to grant you alimony. If you suffer economically because you relied on your spouse for support and were a homemaker or parent during your marriage, the judge will try to make sure that your standard of living is the same after your marriage as it was during your marriage if possible.¹

To decide whether or not to award alimony and to decide the appropriate amount and length of an alimony award, the judge will consider several factors, including:

• each party’s financial needs and the ability to meet those needs;
• each party’s earning capacity and resources, including pensions, profit sharing, and retirement plans;
• each party’s education and training and need for more education or training to increase earning capacity;
• the length of marriage;
• each party’s age, mental condition, and physical condition;
• if there are children under 18 years old, which would make it undesirable for one party to work outside of the home;
• separate assets or property;
• the standard of living during the marriage;
• contributions as a homemaker, help with the other spouse’s training, education, or increased earning capacity of your spouse;
• each party’s fault in contributing to the divorce; and
• any other factors necessary to come to a fair decision, including the potential tax consequences to you and your spouse.¹

¹ TN ST § 36-5-121(c)(2)
¹ TN ST § 36-5-121(i)