I spend more time explaining alimony than almost any other topic in family law. Not because the law is confusing (though parts of it are). Because everybody thinks they already know how it works. And almost everybody is wrong.

The myths I hear constantly: That it is automatic. That it is always permanent. That courts do not award it anymore. That the spouse who cheated cannot get it.

None of those are accurate. Here is what is.

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The Types of Alimony Tennessee Recognizes

Tennessee law recognizes four types of spousal support. Alimony in futuro is long-term support, sometimes permanent, for a spouse who cannot achieve self-sufficiency. Alimony in solido is a fixed sum paid in installments or as a lump sum. Rehabilitative alimony is transitional support designed to help a spouse get education or training to become self-supporting. Transitional alimony bridges the gap between the marital standard of living and the recipient’s new circumstances.

Courts have significant discretion in deciding which type applies and for how long. I have seen judges in Shelby County Chancery Court apply all four types in creative ways depending on the facts.

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What Courts Look At

The analysis starts with two primary factors: the need of the recipient spouse and the ability of the obligor spouse to pay. If there is no need or no ability, the analysis is short.

Then courts consider the length of the marriage, each spouse’s earning capacity and education, contributions to the marriage including homemaking and supporting the other’s career, the standard of living during the marriage, and the relative fault of the parties.

That last one matters. Tennessee courts can consider marital fault in alimony determinations. A spouse whose misconduct contributed to the breakdown of the marriage may receive less, or pay more. (This surprises people who have been told Tennessee is a “no-fault” state. It is, for grounds. Not entirely for consequences.)

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When Alimony Ends

Alimony in futuro typically terminates on the death of either party or the remarriage of the recipient. Cohabitation with a third party in a romantic relationship can also be grounds for termination or modification.

Rehabilitative alimony ends when the rehabilitative goal is achieved or the defined period expires.

Significant changes in either party’s financial circumstances can support a modification petition.

Lawyer Bill’s Advice

Alimony is not a punishment and it is not a reward.

It is the court’s attempt to address an economic imbalance that the marriage created.

If you think you need it, document your need and your inability to meet it independently.

If you think you will be paying it, know that the amount and duration are negotiable within a range.

Either way, understand what you are agreeing to before you sign.

If you have questions, reach out at midsouthdivorce.com/ask-lawyer-bill/.

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About the Author: William W. Jones IV is a Memphis family law attorney, Rule 31 Listed Family Mediator, and Super Lawyers selectee every consecutive year from 2014 through 2025. Licensed in Tennessee (BPR 022869) and Mississippi (BPR 100707), he practices at The Jones Law Firm, 5100 Poplar Ave, Suite 708, Memphis, TN 38137. Call (901) 761-5353 or visit midsouthdivorce.com.