Franklin Alimony Lawyers

If you are getting divorced in Franklin, Tennessee, you might have questions about whether you might be entitled to receive alimony or whether you might be required to pay alimony. Alimony is the requirement the court may impose on a person to support their former spouse financially after divorce. Alimony is also referred to as “spousal support” or “spousal maintenance.”

The alimony lawyers in Franklin, Tennessee at Widrig Law, PLLC have answers. We can review your situation and help you understand what your rights and responsibilities might be. Knowing whether you’ll need to pay alimony or whether you might be entitled to receive alimony can help you plan better for your future if you’re thinking about divorce. The alimony attorneys in Franklin, Tennessee at Widrig Law, PLLC are here to help.

Will I Be Entitled to Receive Alimony?

In most cases, alimony is awarded depending on need, the ability to pay support, and how long a couple was married. First there must be a need for support; if both parties are making the same amount of money, then there may not be a need for one spouse to support the other after divorce. Second, even if one spouse needs support the other spouse must have an ability to pay support. After those factors are determined then the court looks to other factors such as the reason for the divorce (i.e if one spouse cheated) and the length of marriage. There are rare exceptions to every rule, of course, but in general, the courts look to the length of a marriage to determine the length of alimony that should be awarded or whether it’s appropriate. For most marriages lasting a year or two, alimony won’t be awarded, and the court will work with both parties to divide assets and debts equitably and in such a manner that both parties stand on the same financial footing they had when they entered the marriage. For a longer marriage, alimony might be awarded for a longer period and the spouse will need ongoing support. For a longer marriage, alimony might be more likely to be granted. Mid-length marriages are where alimony awards might be more up to the discretion of the judge. These can be among the most difficult types of alimony cases. Mid-length alimony awards tend to be focused on helping the spouse receiving alimony to get work training or education so that they can support themselves.

All this said, it’s important to note that there’s no set length of time under the law a couple must be married for alimony to be awarded. You could have been married for months, but if you can make a strong case for alimony to the court, such as one spouse becoming disabled you might receive it; and you could have been married for decades, but if your partner cannot pay alimony or if your financial situations are equal, neither partner may be required to pay or to receive alimony. In general, alimony is awarded to allow the lower-earning partner the ability to maintain the same standard of living and lifestyle they enjoyed during their marriage. There are other situations where alimony may be awarded, particularly if a couple’s assets aren’t liquid, and one partner will be keeping these assets.

Having a good alimony lawyer to help you navigate the courts, and to help you present your case for why alimony is needed can make a difference. The alimony lawyers in Franklin, Tennessee at Widrig Law, PLLC are here to help you understand your rights and can help you take steps to secure alimony.

What Types of Alimony Can I Receive in Tennessee?

There are several types of alimony awards available in Tennessee and the type of alimony that is awarded will depend on the length of your marriage, your financial situation, your partner’s financial situation, your earning capacity, your partner’s earning capacity, and other factors the court may consider. Rehabilitative alimony, for example, is designed to help a spouse earn the skills, work training, or education they’d need to be able to achieve the same standard of living they had during their marriage. Rehabilitative alimony is usually only for a set duration and is only awarded as long as work training or education is needed. Typically, Rehabilitative Alimony is modifiable.

Alimony In Solido might be awarded to compensate a spouse when division of assets cannot be equal because the assets aren’t liquid.

A judge might award long-term alimony in a situation where one spouse earns significantly more than the other and it isn’t likely that the lower-earning spouse will be able to receive the training or skills required to have this standard of living.

Transitional alimony is awarded to those who are not in need of rehabilitation but is generally designed to give you financial support while you adjust to your newly single status. Typically, Transitional Alimony it is nonmodifiable.

While alimony is typically paid on a regular basis, bi-monthly, or weekly, some couples agree to a lump sum alimony amount during their divorce. This can have some benefits. For one, it allows the higher earning spouse to clear all obligations to their ex all at once. If one or both partners plan to remarry, remarriage won’t affect the lump sum alimony, while other alimony types typically end if the partner receiving alimony remarries. Lump sum alimony can also protect both parties from financial changes that can happen in the future. Alimony might also be paid to compensate for unequal property division, or to allow one spouse to compensate the other for the family home.

Not all divorces will result in alimony. If you and your partner earn similar salaries, or are in similar financial positions, alimony might not be awarded at all. If you have questions about alimony, reach out to the alimony attorneys in Franklin, Tennessee at Widrig Law, PLLC.

What Factors Determine Whether Alimony Will Be Awarded in Tennessee?

Judges will consider several factors when determining whether to award alimony in a divorce. These factors include each partner’s earning capacity and financial resources; each partner’s education and training, or the ability of each partner to achieve desired educational or training outcomes; the length of the marriage; each partner’s age and health; whether one partner serves as the caretaker for the children and whether they will continue to do so; how property is divided during the marriage and what financial situation this leaves both parties in; each partner’s contributions to the marriage; and the role each party played in the divorce.

The court will also look at the standard of living both parties enjoyed during the marriage. Generally, the courts don’t like divorce to leave one partner poor and the other rich, or for divorce to leave one partner in a completely changed financial situation. An alimony lawyer can look at your situation using the lens that a judge might use and help you understand your rights, obligations, and the likely outcome of a case. If you have questions about alimony, reach out to the alimony attorneys in Franklin, Tennessee at Widrig Law, PLLC. We are here to help.

Contact an Alimony Lawyer Today

Contact the alimony attorneys in Franklin, Tennessee at Widrig Law, PLLC today. We can help you understand your rights and potential obligations regarding alimony in your divorce—and help you take steps to protect your rights.