Spousal Support

Spousal Support

Introduction
1. Definition
  1. Court-ordered allowance for support & maintenance paid from one spouse to the other while divorced or living apart. AKA: alimony or separate maintenance
2. Since the 1970's, alimony awards have generally decreased and become limited in duration
  1. Due to the no-fault divorce and statutes requiring equal division of property. No longer a tool of punishment.
    1. Fault may still be considered in rare cases. See Mani v. Mani, p. 401
3. Comparison to property division. Chart p. 402-403
Obtaining Alimony
1. Factors Considered
  1. Need and ability to pay
  2. Sometimes consider fault
  3. TCA 36-5-121(i)
2. Part of the divorce process
  1. Prenuptial Agreement?
    1. Public Charge? Court may void terms of Prenup and award alimony
    2. Parties may agree to something different
  2. May waive rights to alimony
Types of Alimony TCA 36-5-121(d)(1)
1. Temporary TCA 36-5-121(b)
  1. Awarded to maintain status quo while divorce is pending
    1. Must request it
    2. May set the stage for subsequent alimony awards
2. "Permanent" / In Futuro TCA 36-5-121(f)
  1. Provide support to the economically weaker spouse
    1. Not required to achieve economic self-sufficiency
  2. Usually awarded in long-term marriage where one spouse was breadwinner and one was home-maker
3. Term
  1. Awarded for set period of time
4. Lump-Sum / In Solido TCA 36-5-121(h)
  1. Income tax advantages, interest vests immediately, no modification, "cuts the cord," no worries re: life expectance
5. Transitional TCA 36-5-121(g)(1)
  1. Limited in duration
    1. Help spouse transition to new career, location, lifestyle, etc.
6. Rehabilitative TCA 36-5-121(e)
  1. For spouse who delayed career or education during marriage
    1. Help that spouse re-enter workforce and become self-sufficient
7. Restitution
  1. Repay spouse who made financial contributions during marriage that enhanced other spouse's earning capacity
    1. Ex: Paying for other spouse to finish school
Modification, Termination, & Enforcement
1. Modification
  1. Material Change in Circumstances (TCA 36-5-121(a) or agreement of the parties
    1. Examples: p. 419
  2. Ability to modify may be limited by statute
    1. See: TCA 36-5-121(g)(2) and (h)(2)
2. Enforcement
  1. Civil or Criminal Contempt
  2. Title IV-D Agencies
  3. Estate Recovery of arrears
  4. Income Assignment
3. Termination
  1. Generally terminates upon remarriage, death, or co-habitation
Other Issues
1. Bankruptcy
  1. Alimony is not discharged in bankruptcy
2. Current Trends, p. 427-429
3. Paralegal's role, p. 430

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	Created by Mark Garland over 9 years ago