Factors for Alimony in Tennessee

20 October 2010 Categories: All Blogs, Family Law and Divorce

The most important factors when a Court determines alimony in Tennessee are 1) need of the party requesting alimony and 2) ability of the other party to pay that alimony. There are other factors that will go into the court’s decision about the type and amount of alimony including:

• Relative earning capacity of each party
• Relative education, training, experience of the parties
• Duration of the marriage
• Age and mental condition of the parties
• Physical condition of the parties
• Amount of separate property each party has
• Amount of marital property each party was awarded in the divorce
• Standard of living during the marriage
• Contributions of each under the marriage
• Tax consequences
• Fault of the divorce

It is important to note that although fault can be looked at by the Court, alimony is not intended to be used to punish one party for the fault, it is merely a factor that the Court will look at to see if the other party is deserving of alimony.

Attorney’s fees can be granted as a form of alimony, however, they will usually not be granted unless the party requesting the fees has little or no separate property. In that case, that party needs to use funds from the marital property to pay his or her fees.

If you are considering a divorce in Tennessee, you should consult an attorney to discuss your options. Feel free to contact the attorneys at McNulty & Associates for a free consultation to discuss your individual case.

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