Memphis Alimony Lawyer: Spousal Support in Tennessee

Alimony is one of the most contested and least understood issues in Tennessee divorce law. Whether you are the spouse who may need support or the spouse who may be paying it, you need to understand what Tennessee law actually says, and what it does not.

The Foundation: Need and Ability to Pay

Tennessee courts do not award alimony as punishment. They award it because one spouse is economically disadvantaged and the other has the ability to help. The court looks at what you need to maintain a reasonable standard of living, what your spouse can actually afford to pay, and a long list of additional factors including the length of the marriage, each party’s earning capacity, their relative education and job skills, and the standard of living during the marriage.

Long marriages are more likely to produce alimony awards. Short marriages less so. But there are no bright-line rules in Tennessee alimony law, which is exactly why having experienced counsel matters.

The Four Types of Alimony in Tennessee

Rehabilitative Alimony is the most common. It is temporary support designed to help the economically disadvantaged spouse gain the education or job skills they need to become self-sufficient. It ends when that goal is achieved or a set time period expires.

Transitional Alimony is awarded when rehabilitation is not necessary but the spouse needs help adjusting financially from married to single life. It is also temporary.

Alimony in Futuro, sometimes called periodic alimony, is the long-term variety. It is reserved for cases where the economically disadvantaged spouse cannot realistically become self-sufficient, often due to age, health, or an extended absence from the workforce. It continues until death or remarriage of the recipient.

Alimony in Solido is a fixed total amount paid over a defined period. It does not terminate upon death or remarriage and is not subject to modification. Courts use it when they want finality.

Can Alimony Be Modified?

Rehabilitative, transitional, and alimony in futuro awards can generally be modified if there is a substantial and material change of circumstances, such as a significant income change for either party. Alimony in solido cannot. The type of alimony awarded matters enormously, which is why the initial negotiation or trial is so important.

Tax Considerations

The federal tax treatment of alimony changed with the Tax Cuts and Jobs Act of 2017. For divorces finalized after December 31, 2018, alimony is no longer deductible by the payor or taxable to the recipient. This changed the economics of alimony negotiations significantly. We work with your tax advisor to make sure any agreement accounts for the actual after-tax impact. See our Memphis Divorce Lawyer page for more on how financial issues are handled in Tennessee divorce cases.

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.