Whether you’re paying alimony or receiving it, circumstances may allow you to change alimony in Davidson County, TN
Alimony in Nashville, TN is a reality for many divorcees, and whether paying or receiving it, you should know your rights and your responsibilities. You may be unaware of the circumstances in which you can adjust your alimony payments.
Lawyers People Love is here to help you understand alimony and how you can adjust your alimony in Nashville. With just a little guidance, you’ll be able to understand the kinds of alimony and the reasons you can request changes to the arrangement.
Before you run down to the courthouse proclaiming, “I need to adjust my alimony,” you’ll need to figure out which kind of alimony payments are involved. After all, not all types of spousal support are created equal.
The kinds of alimony in Nashville, TN
Alimony payments are a part of many divorces. In Tennessee, a divorcing spouse can request alimony if they can demonstrate a need for support and if the other spouse has the means to make the payments.
The point of alimony payments is to ensure that the spouse receiving the payments — the obligee — can maintain a standard of living relatively the same as the kind of lifestyle they lived while married.
Generally speaking, that means the spouse who earns more tends to pay more — but only when need is demonstrated and the judge agrees. If both spouses are financially independent, the court may deny alimony all together. When spousal support is awarded, there are four main types. Here’s a brief description of each:
Alimony in futuro
Alimony in futuro can be awarded when one spouse cannot earn enough to become self-supporting for some extenuating circumstance such as injury, loss of credentials because they left the workforce, or disability. Alimony in futuro can be temporary or permanent.
Sometimes after divorce, a spouse might need to pursue professional training or complete their education in order to maximize their earning potential and support themselves. In these situations, the court may order rehabilitative alimony for a period of time to allow the obligee to improve their financial situation.
Transitional alimony is similar to rehabilitative alimony in that it’s intended to provide a period of time in which the spouse receiving alimony can adjust to post-marriage life. However, transitional alimony is different because the spouse does not require rehabilitation — school, training, or other needs — only time to put their own financial house in order. Transitional alimony is always temporary.
Alimony in solido
Alimony in solido is a kind of spousal support that is similar to a judgement in a lawsuit. The judge will determine the amount of money owed and issue orders that give the spouse who is paying alimony, the obligor, a specific amount they must pay and a timeframe in which they must pay it. Often, alimony in solido can include items such as attorneys’ fees or disbursements from investments that are difficult to liquidate, such as real estate holdings.
Now that you have a basic understanding of the kinds of alimony you might pay or receive, it’s time to see when and how you can adjust your alimony in Nashville, TN.
Which kinds of alimony payments can I adjust in Tennessee?
One vital determining factor in whether or not you can change your alimony payments in Nashville, TN is the type of alimony the judge has ordered. After all, two types of alimony cannot be modified under any circumstances.
Neither alimony in solido or transitional alimony payments can be modified under any circumstances in Tennessee. Even in cases where the parties negotiated a settlement, the courts lack authority to change the judgement. Only when both the recipient and the payer agree to modifications can alimony in solido be altered.
However, if the alimony payments are rehabilitative or in futuro, both the obligor and obligee can request modifications when conditions warrant them. Don’t start celebrating yet, though, because ultimately all alimony decisions lie in the hands of the judge.
When can I adjust my alimony in Nashville, TN?
If you’re receiving or making alimony in futuro or rehabilitative alimony payments, there are certain circumstances in which you can request the court increase, reduce, or even eliminate them all together. How and when these payments are modified depends on which type of alimony is being changed.
Changing Alimony in futuro payments in Tennessee
Tennessee law allows courts to modify or eliminate payments whenever “material circumstances” have changed significantly. That means one party’s situation has changed enough that modifications are needed, such as reduced income or a sudden illness.
For example, James has been paying Eliza alimony in futuro. However, James just lost his job and now has no income. He can petition the court to temporarily reduce his obligation, to suspend it, or to end it once and for all. Any modifications granted are the sole discretion of the judge assigned to their case.
Changing Transitional alimony payments in Tennessee
As with alimony in futuro, Tennessee law affords either party the right to request changes to transitional alimony payments. The circumstances in which these changes may be granted are the same as alimony in futuro, as well.
However, there are two significant factors that set transitional alimony apart: either both parties had to agree to the possibility of modifications in writing at the time they signed the divorce decree; or the obligee begins living with a new partner.
Other times my alimony payments may change in Tennessee
Aside from negotiating with your former spouse to modify alimony agreements or petitioning the court to change them, there are a few circumstances that can modify or end alimony requirements. These circumstances can include the death of either individual, if the obligee remarries, or if the judge established a set amount of time alimony payments would be made.
If you believe you are entitled to a modification of your alimony payments in Tennessee, it’s important to seek the advice of a qualified family law attorney who knows your rights and your responsibilities. Lawyers People Love is here to help.