Alimony is actually any payment made to the other husband or wife (present or prior) in a divorce or seperation of matrimony. Alimony had been generally paid by the husband to the wife in a separation or divorce, however, in recent times, alimony is now decided by a judge who evaluates future living conditions of each spouse. A judge will attempt to uphold a reasonable balance to prior living conditions throughout the couple's marriage. Numerous factors also go into determining the amount of alimony to be paid in Tennessee which include each spouse's earnings, payments and financial obligations, each party's well being, child custody, state laws, length of time married, economic conditions etc. It is not unusual for a Wife to now pay her Husband spousal support.
Presently there are different kinds of alimony within the state of Tennessee. One is called in futuro, or a type of alimony that a husband or wife will receive to maintain a comparable lifestyle she or he was used to for the duration of the marriage. The judge will try to recreate a fair balance between the couple after the dissolution.
Another kind of alimony in Tennessee is rehabilitative. These payments are meant to assist the other spouse to increase their own earning capability. This may include higher education expenses, special training, and or any other secondary education. In the event that the court determines rehabilitation isn't appropriate for the spouse, they may allocate transitional alimony. Transitional alimony is effectuated when the spouse will require monetary payments to become acclimated to present economic conditions following a separation or divorce.
Alimony in solido is another kind of alimony when the judge enables one spouse to make payments over a certain amount of time to another spouse to pay for an lopsidedness in property and assets. For example, if the Wife was awarded the marital residence in the Judgment of Divorce, the Husband may be entitled to more spousal support than he would get had the marital residence been sold. In any case, alimony is set forth in order to create a balance that the marriage once held prior to the divorce.
A judge will also take into account the length and time of the marriage. Considering a marriage that only lasts a couple of years, the courts may determine that alimony may not be an option, yet separation of assets and liabilities will do. On the other hand, a marriage in which lasts 20 years will have a complete opposite effect of judgment as the living conditions between husbands and wives during that time will play into the decision of the judge.
Another factor that will play into the determination of alimony payments is the division of assets and liabilities. If one person is awarded more assets than the other, equivalent to alimony in solido, the judges final decision will reflect the amount of alimony granted. The same can be said if there is an disproportion of debt to be paid.
Other elements that may affect alimony payments are children. If the Wife is granted sole physical and legal custody of the children, then alimony payments will raise for the husband and vice versa. If one spouse is not well (mentally, physically, etc.), the courts will attempt to find what most beneficial to the children and foremost, keep their best interests in mind.
Each case in unique for establishing an alimony payment to one spouse. There is not a specified formula for alimony to one spouse after a separation or divorce. The Tennessee courts will consider all the information relative to the case at hand and make a fair decision. The judge will attempt to recreate the actual living conditions in which were once supported during a marriage and modify for economic conditions, length of marriage, assets and liabilities, child custody and any other issue that may alter alimony payments.
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