Tennessee alimony is governed by T.C.A. § 36-5-121 and recognizes four distinct types — making it among the more nuanced alimony statutes in the U.S.
1. Four Types of Alimony — § 36-5-121(d)
Alimony in futuro (periodic alimony) — long-term/indefinite payments. Awarded when the recipient cannot achieve self-sufficiency. Modifiable on substantial change.
Alimony in solido (lump-sum alimony) — fixed total amount, payable as a lump sum or in installments. Not modifiable, survives death of payor.
Rehabilitative alimony — short-term to allow the recipient to achieve a comparable standard of living through education/training. Modifiable on substantial change.
Transitional alimony — when rehabilitation is not necessary but recipient needs help adjusting to economic consequences of divorce. Generally non-modifiable unless decree expressly provides otherwise.
2. Statutory Preference — § 36-5-121(d)(2)
Tennessee has a statutory preference for rehabilitative alimony over alimony in futuro. Long-term support is awarded only when rehabilitation is not feasible (§ 36-5-121(d)(4)). This is an explicit policy preference for self-sufficiency.
3. Statutory Factors — § 36-5-121(i)
12 factors:
Relative earning capacity, obligations, needs, financial resources
Relative education and training, ability/opportunity to secure training
Marriage duration
Age and mental condition of each party
Physical condition (including disability/incapacity)
Extent custody of minor children makes outside employment undesirable
Separate assets, both real and personal, tangible and intangible
Provisions made for marital property division
Standard of living during marriage
Tangible/intangible contributions to the marriage as monetary/homemaker/parent
Relative fault of the parties in cases where divorce is decreed for fault
Any other factors necessary to consider equities
4. Marital Fault Considered
Tennessee permits the court to consider fault (including adultery, cruelty, abandonment) as a factor. Fault does NOT bar alimony but may significantly affect amount.
5. Modification — § 36-5-121(f)(2)
Alimony in futuro: modifiable on substantial and material change in circumstances.
Rehabilitative alimony: modifiable on substantial change.
Alimony in solido: NOT modifiable.
Transitional: NOT modifiable unless decree expressly provides otherwise.
6. Termination
Death of either party terminates in futuro and rehabilitative
Remarriage of the recipient creates a rebuttable presumption that in futuro alimony should terminate (§ 36-5-121(f)(3))
Cohabitation with a third person creates a rebuttable presumption that the recipient does not need the amount of support (§ 36-5-121(f)(2)(B))
7. Tax
Federal TCJA applies — orders post-2018 are non-deductible/non-taxable.
This is legal information, not legal advice.