What is Alimony and How is it Calculated?


Alimony is also known as spousal support. In Tennessee under TCA §36-5-121(i), there are several factors that the court will consider in determining whether or not to award spousal support, as well as in determining the nature, amount, length of term and manner of payment: 1) The relative earning capacity, obligations, needs, and financial recourses of each party, including from pension, profit sharing or retirement plans; 2) the relative education and training, and the necessity of a party to secure further education and training to improve such party’s earnings capacity to a reasonable level; 3) the duration of the marriage; 4) the age and mental condition of each party; 5) the physical condition of each party (physical disability or incapacity due to a chronic debilitating disease, etc.) ; 6) The extent to which it would be undesirable for a party to seek employment outside of the home, because such party will be custodian of a minor child of the marriage; 7) The separate assets of each party, real and personal, tangible and intangible; 8) The provisions made with regard to the marital property; 9) The standard of living of the parties established during the marriage; 10) The extent to which each party has made such tangible and intangible contributions to the marriage as monetary and homemaker contributions, and tangible and intangible contributions by a party to the education, training or increased earning power of the other party; 11) the relative fault of the parties if the court deems it appropriate to do so; 12) Such other factors like tax consequences to each party, as are necessary to consider the equities between the parties.

TCA §36-5-121(i)

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