Franklin Alimony Attorney
Help With Alimony in Franklin Divorce Cases
Alimony, also known as spousal support, is an amount of money one spouse may be required to pay to the other spouse after a divorce, either as a one-time payment, over months or years, or even indefinitely. Alimony isn’t awarded in every divorce; whether the judge orders alimony depends on one party’s need to receive alimony and the other party’s ability to pay it.
A dozen different factors go into deciding whether to award alimony and if so, how much and for how long. The Franklin alimony attorneys at Fort, Holloway, & Rogers can help you in a divorce case if you are seeking alimony or being asked to pay. Our family law attorneys have experience negotiating alimony awards in prenuptial agreements, divorce negotiations and mediation, and we are equally skilled in delivering forceful and effective courtroom advocacy on behalf of clients in a contested alimony dispute. Whatever approach your case requires, our lawyers implement a strategic plan that protects your rights and helps you achieve your desired result. Call our office in Franklin to discuss the issue of alimony in your Williamson County divorce proceeding.
What Are the Different Types of Alimony in a Franklin Divorce?
Judges in a Tennessee divorce case can order one of four different kinds of alimony, depending on the facts of the case and the needs of the parties. These forms of alimony are known in Tennessee law as Rehabilitative Alimony, Transitional Alimony, Alimony in Solido, and Alimony in Futuro. These four types of alimony are discussed below.
A short-term award of rehabilitative alimony is the preferred form of alimony in a Tennessee divorce. It is not uncommon that one party to a marriage will leave the workforce or never enter it in order to manage the household or raise the children, and after a divorce, these individuals might not have the means to support themselves. The purpose of this payment is to help the receiving party to get the education or job training necessary to achieve economic independence.
For a former spouse who is already able to become self-sufficient, the court might order payment to help the party establish an independent household and transition to a single-income living arrangement.
Alimony in Futuro
This type of alimony amounts to periodic payments that continue for a longer period or even permanently if necessary to support ex-spouses who are not able to support themselves because they are consumed with raising children, never acquired job skills or other reasons. Alimony in futuro can be ordered for a number of years or indefinitely, although it can be terminated upon death or remarriage of the receiving spouse.
Alimony in Solido
With alimony in solido, the court decides on a total, definite amount of alimony to be paid. This amount could then be paid in one lump-sum after the divorce or paid out periodically over installments. This form of alimony is usually awarded for a specific purpose, such as to achieve an equitable property division when one party gets the house or other valuable property or to compensate a spouse for a decrease in the value of that party’s separate property caused by the other party.
How do Williamson County Courts Decide Alimony Questions?
The parties themselves could agree on a type, amount and duration of alimony, either during divorce negotiations or mediation or before or during the marriage through a prenuptial or postnuptial agreement. If one party is seeking alimony and the other party opposes it, they will have to litigate the issue in court. The judge will hold a trial and let each party make their case for or against alimony, and then the judge will render a decision. The Franklin alimony attorneys at Fort, Holloway, & Rogers include Tennessee Rule 31 family mediators and experienced courtroom litigators who can provide whatever assistance the case requires to help you get a favorable result on the issue of alimony.
By law, Williamson County judges are required to consider all of the following factors in deciding whether to order alimony, what kind, how much and for how long. Our Franklin divorce lawyers are well-versed in these statutory factors and the steps needed to build and deliver a case to the judge on every applicable factor.
- The relative earning capacity, obligations, needs, and financial resources of each party, including income from a pension, profit sharing or retirement plans and other sources
- The relative education and training of each party, the ability and opportunity of each party to secure such education and training, and the necessity of a party to secure further education and training to improve such party’s earning capacity to a reasonable level
- The duration of the marriage
- The age and mental condition of each party
- The physical condition of each party; including, but not limited to, physical disability or incapacity due to a chronic debilitating disease
- The extent to which it would be undesirable for a party to seek employment outside the home because such party will be the custodian of a minor child of the marriage
- The separate assets of each party, both real and personal, tangible and intangible
- The provisions made with regard to the marital property
- The standard of living of the parties established during the marriage
- The extent to which each party has made such tangible and intangible contributions to the marriage as monetary and homemaker contributions, and tangible and intangible contributions by a party to the education, training or increased earning power of the other party
- The relative fault of the parties in cases where the court, in its discretion, deems it appropriate to do so
- Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties
In addition to negotiating with your spouse or litigating alimony in court, our family law attorneys are also able to advise you on the tax consequences of paying or receiving alimony. Tax treatment of alimony has recently shifted at the federal level, so it’s important to understand how alimony could affect your taxes in the grand scheme of things. We can also help you understand how matters such as child support or the property division could impact your tax situation.
Get The Help You Need to Solve the Alimony Question in Your Franklin Divorce
For strategic advice regarding alimony and personal representation throughout your Williamson County divorce, call Fort, Holloway, and Rogers at 615-791-7575 to discuss your concerns with a skilled and effective Franklin alimony attorney.