Alimony has been mentioned before in a post on this blog, but we have yet to discuss in detail the factors the state of Tennessee has set forth for consideration by the court in awarding alimony. For most situations, alimony is awarded to set the parties either as they would be had the marriage not occurred or as they would be had the divorce not occurred, depending on how long the marriage lasted.
Tennessee statutes set forth several factors the court may consider when determining alimony amounts:
- The needs, resources, and earning capacity of each party
- The education and training of each party, or the ability to undergo such education and training
- The duration of the marriage
- The age and mental condition of each party
- The physical condition of each party
- The custodianship of minor children (a parent with custody is more inconvenienced by working outside the home)
- Prenuptial agreements
- Standards of living established during the marriage
- Contributions to marital property and as a homemaker
- Contributions to the education, training, or increased earning power of the other party
- Relative fault of the parties
- Tax consequences
- Any other factor necessary for equity
Alimony is a volatile issue and the court has discretion to assign an amount that it determines is equitable. If you are in divorce proceedings, it’s important that you contact an attorney to ensure that your interests are protected. For more information on alimony and other family issues, click here.