Woodbury Spousal Support Lawyer

Trusted Spousal Support Attorney in Woodbury, TN

Spousal support, or alimony, is a major decision that must be made during a Tennessee divorce. Whether you may be entitled to alimony or could be required to pay it, the outcome of an alimony case can affect your financial stability for years after a divorce. By working with a Woodbury spousal support lawyer, you can feel confident that your alimony agreements are equitable, with respect to the financial factors of both spouses.

Timing matters. In Tennessee, alimony generally has to be agreed to or awarded as part of the divorce itself. Once the final decree is entered, you usually cannot go back and ask for support that was never ordered. That is why it pays to talk with a lawyer before you sign a marital dissolution agreement or go to a final hearing in Cannon County. Spousal support is often decided together with property division, so we coordinate it with your overall Woodbury divorce lawyer strategy.

Boss Law: Hire a Spousal Support Lawyer Who’s on Your Side

Since 2004, Boss Law has helped couples navigate Tennessee’s spousal support system, finding fair agreements that support rehabilitation without causing undue financial strain. We understand how difficult going through a divorce can be. Our compassionate attorneys are on your side, searching for solutions that provide stability during this major transition. We provide personalized guidance throughout this process for both English and Spanish speakers.

Attorney Mitchell E. Shannon has practiced family law in Middle Tennessee since 2004, and our firm has handled more than 800 divorces. You work directly with your attorney, not a case manager. Our Murfreesboro office is about 20 miles from Woodbury along U.S. 70S, and we regularly represent clients in Cannon County. Abogado habla español. See what past clients say on our reviews page and view recent case results.

The Role of Alimony in Tennessee’s Spousal Support Laws

With a divorce rate of 2.9 per 1,000 people, many Tennessee couples are left wondering how they will be affected by Tennessee’s spousal support laws. Spousal support is not guaranteed in a divorce. If there is a financial need for alimony, and the higher-earning spouse has the ability to pay, the court can use case-specific factors to determine the amount of support owed.

Alimony is designed to help the lower-earning spouse adjust to life after a divorce, without the same financial support they received during the marriage. This is important, as about one in five women falls into poverty as a result of divorce.

Who Qualifies for Spousal Support in Tennessee?

A spouse qualifies for alimony when they have a real financial need and the other spouse can afford to pay. The Tennessee Supreme Court has called need and ability to pay the two most important factors (Gonsewski v. Gonsewski, 2011). Tennessee law also prefers short-term support that helps the economically disadvantaged spouse become self-sufficient. Long-term alimony in futuro is reserved for cases where rehabilitation is not realistic, such as a long marriage where one spouse left the workforce to raise children.

Temporary Spousal Support While Your Woodbury Divorce Is Pending

You do not have to wait for the final decree to get help. Under Tenn. Code Ann. § 36-5-121(b), a spouse can file a motion asking the court for temporary support (pendente lite alimony) while the case is pending. After notice and a hearing, the judge can order the other spouse to help cover living expenses and, in some cases, legal fees so both sides can take part in the case fairly. A temporary order does not decide what, if any, alimony will be awarded at the end of the case.

What Factors Influence Spousal Support

Tennessee had 5,127 divorces with minor children and 7,245 divorces without minor children in the Chancery Court in the fiscal year 2023-2024. Beyond the presence of children and potential need for child support, each of these cases is individually evaluated to determine how much spousal support, if any, should be paid.

Some of the most significant factors the court can use to determine the amount of spousal support include the following:

• Spouses’ current income
• Spouses’ earning potential
• Duration of the marriage
• Spouses’ level of education or vocational training
• Spouses’ age
• Standard of living during the marriage

How Is Alimony Calculated in Tennessee?

There is no formula. Unlike child support, Tennessee has no alimony calculator or percentage guideline. The judge compares the requesting spouse’s reasonable monthly needs with the paying spouse’s income after their own reasonable expenses, then applies the factors above. That is why online “alimony calculators” often miss the mark, and why a well-documented budget can change the result.

Understanding the Four Types of Alimony

Spousal support laws outline four main types of alimony that may be ordered in an alimony case. While each type of alimony has unique use cases and stipulations, they are ultimately personalized to the financial needs of both spouses. The four types are:

• Alimony in futuro. Alimony in futuro is a long-term spousal support plan that ends when the person receiving support becomes remarried or dies. This type of alimony may be used when there is a significant economic disparity between spouses, and the court finds it unlikely that the lower-earning spouse will rehabilitate and be financially self-sufficient.
• Alimony in solido. Alimony in solido, also called lump-sum alimony, is a fixed total amount that is calculable on the day the divorce decree is entered. It can be paid all at once, in cash or property, or in installments. It cannot be modified except by agreement of both spouses, and it does not end if either spouse dies or remarries. Courts often award it to cover the lower-earning spouse’s attorney fees and litigation expenses, and it can be ordered in addition to other alimony payments.
• Transitional alimony. Transitional alimony provides short-term spousal support for a set period when the lower-earning spouse needs financial assistance during the transition but does not need assistance rehabilitating and becoming more self-sufficient. It generally cannot be modified unless the spouses agree, the original order allows it, or the recipient lives with a new partner.
• Rehabilitative alimony. Rehabilitative alimony is another short-term alimony option. This type of alimony is designed to help a lower-earning spouse gain the education, job skills, or training they need to adjust after a divorce. For example, rehabilitative alimony can be used to support someone during vocational training at the Turney Adult Education Center or similar opportunities that allow them to be self-sufficient.

Tennessee Alimony Types at a Glance

Can You Receive Alimony and Child Support at the Same Time?

Yes. Child support and alimony are separate obligations. Child support is set by the Tennessee Child Support Guidelines and belongs to the children. Alimony is decided under the factors above and belongs to the spouse. Because child support is usually figured first, it affects how much each parent has left for alimony. Learn more from our Woodbury child support lawyer page, and see how parenting time affects your case with a Woodbury child custody lawyer.

When Does Spousal Support End or Change in Tennessee?

It depends on the type of alimony. Rehabilitative alimony and alimony in futuro can be increased, decreased, extended or ended if either spouse proves a substantial and material change in circumstances that was not anticipated when the order was entered, such as a major job loss, disability or a large income increase. A spouse asking to extend rehabilitative alimony must show they made reasonable efforts to become self-sufficient.

• Remarriage: alimony in futuro ends automatically when the recipient remarries, and the recipient must notify the paying spouse right away.
• Living with a new partner: if the recipient lives with a third person, Tennessee law presumes that the recipient no longer needs the same level of support, and the court may suspend all or part of the alimony. The recipient can try to rebut that presumption.
• Death: most periodic alimony ends when either spouse dies unless the order says otherwise. Alimony in solido does not.

If you need to change or defend an existing order, our post-divorce modification lawyers handle modification cases across Rutherford and Cannon counties.

Does Marital Fault Affect Alimony in Tennessee?

It can. The “relative fault of the parties” is one of the 12 statutory factors, and a judge may consider conduct such as adultery, abuse or wasting marital money. Alimony is not meant to punish a spouse, though, so fault usually matters less than need and ability to pay. If abuse is part of your marriage, our Woodbury domestic violence lawyer team can help you get protection first.

Is Spousal Support Taxable?

For divorces finalized after December 31, 2018, alimony is not deductible for the paying spouse and is not taxable income for the receiving spouse on federal returns. Older orders may follow the prior rules unless they were modified to adopt the new ones. Tennessee does not tax wage income, so there is no state income tax on alimony. Because tax effects are one of the factors a court weighs, talk with a tax professional before agreeing to a lump-sum or property-based award.

What If Your Ex-Spouse Stops Paying Alimony?

A court-ordered alimony payment is enforceable like any other court order. We can file a petition asking the court to hold the paying spouse in contempt, request income withholding from their paycheck, and seek a judgment for the unpaid amount. Tennessee law also allows the court to order the non-paying spouse to cover reasonable attorney fees in an enforcement case.

Negotiating Alimony Without Going to Trial

Most alimony issues in Cannon County are settled, not tried. Spouses can agree on the type, amount and length of support in a marital dissolution agreement (MDA), and contested cases commonly go through mediation before a final hearing. A negotiated agreement gives you more control over terms like payment schedules, health insurance and life insurance to secure payments. If you signed a prenuptial agreement that addresses alimony, we will review whether it is enforceable.

Documents to Gather for Your Spousal Support Case

Bringing these to your first meeting helps us give you a realistic picture faster:

• Federal tax returns and W-2s or 1099s for the last three years
• Recent pay stubs, business income records or proof of other income
• Bank, investment and retirement account statements
• A monthly household budget (income and expenses)
• Mortgage, car loan, credit card and other debt statements
• Health and life insurance policies
• Records of education, job history and any gaps in employment
• Any prenuptial or postnuptial agreement

Why You Should Hire a Spousal Support Lawyer

A Woodbury spousal support lawyer plays an important role when determining a fair level of spousal support for your case. If you are seeking support, a lawyer can gather evidence demonstrating your financial need and your spouse’s ability to pay. If your spouse is requesting support after your divorce, a lawyer can protect your financial assets from unfair payments and protect your personal financial interests.

During negotiations, a Woodbury spousal support attorney facilitates discussions that are founded in financial transparency. Hire a spousal support lawyer to gather and analyze financial documents and calculate support amounts based on your individual circumstances.

Cases with a business, significant retirement accounts or hidden income need extra attention. Learn how we handle them on our Woodbury high-asset divorce lawyer page. Still comparing firms? Read our 10 questions to ask a divorce attorney before hiring.

Serving Woodbury and All of Cannon County

Boss Law represents spouses throughout Cannon County, including Woodbury, Auburntown, Bradyville, Readyville, Gassaway and Short Mountain, as well as nearby Rutherford County. Woodbury divorce and alimony cases are usually filed at the Cannon County Courthouse, 200 West Main Street, in the 16th Judicial District. Our office is at 1423 Kensington Square Court, Murfreesboro, TN 37130. For related needs, visit our Woodbury family lawyer page or our Murfreesboro alimony lawyer page if your case is in Rutherford County

FAQs

What Disqualifies You From Alimony in Tennessee?

In Tennessee, there is no single rule that automatically disqualifies you from receiving alimony, as it is determined on a case-by-case basis. Support may be denied if you have a high enough income or earning capacity to support yourself financially, or if your spouse is unable to provide spousal support.

What Is the Maximum Alimony Payment in Tennessee?

Tennessee does not set a fixed maximum amount for alimony. Instead, the court will determine the appropriate amount based on your case. Cases with a higher amount of alimony often involve significant financial need, the ability to pay a large amount of alimony, a long length of marriage, and a high standard of living during the marriage.

How Much Alimony Is a Wife Entitled to in a Divorce in Tennessee?

Tennessee’s alimony laws do not guarantee any amount of alimony for a wife or either spouse following a divorce. Courts will evaluate each person’s need and ability to pay to determine whether one spouse is entitled to any alimony. Additionally, alimony is gender-neutral and based on financial circumstances rather than gender, including in same-sex divorces.

Can Spousal Support Be Modified?

Yes, some spousal support in Tennessee can be modified. Rehabilitative alimony and alimony in futuro can change if either spouse proves a substantial and material change in circumstances, such as job loss or a significant income increase. Alimony in solido cannot be modified except by agreement, and transitional alimony generally cannot be modified unless the order allows it or the recipient lives with a new partner.

How Long Do You Have to Be Married to Get Alimony in Tennessee?

There is no minimum length of marriage for alimony in Tennessee. The duration of the marriage is one of 12 factors the court weighs. Short marriages more often lead to transitional or rehabilitative alimony, while long marriages are more likely to support alimony in futuro.

How Is Alimony Calculated in Tennessee?

Tennessee has no alimony formula or calculator. A judge compares one spouse’s reasonable needs with the other spouse’s ability to pay, then applies the 12 factors in Tenn. Code Ann. § 36-5-121(i), such as earning capacity, length of marriage, health and standard of living.

Can I Get Temporary Spousal Support Before My Woodbury Divorce Is Final?

Yes. You can file a motion for temporary (pendente lite) support once your divorce is filed. After a hearing, the court can order your spouse to help with living expenses and sometimes legal fees until the final decree is entered.

Does Living With a New Partner Stop Alimony in Tennessee?

It can. When a person receiving alimony in futuro or transitional alimony lives with a third person, Tennessee law presumes they need less support, and the court may suspend all or part of the payments. The recipient can rebut that presumption with evidence.

Is Alimony Taxable in Tennessee?

For divorces finalized after 2018, alimony is not taxable income for the recipient and is not deductible for the payer on federal returns. Tennessee has no state income tax on wages, so there is no state tax on alimony either.

What Happens if My Ex Stops Paying Alimony?

You can ask the court to enforce the order. Options include a contempt petition, income withholding from your ex’s wages, and a judgment for the unpaid amount. The court can also order the non-paying spouse to cover your reasonable attorney fees.

Reach Out to an Experienced Woodbury Spousal Support Attorney

Spousal support is not easy to determine, requiring a careful balance between the rights and needs of both people in Woodbury. Contact Boss Law today to set up a free and confidential case consultation where you can learn how an experienced lawyer can bring you a fair alimony plan.