Clarksville Divorce Attorney

Effectively negotiating spousal support to protect your financial future

Alimony can be complicated and highly contested. Unlike other aspects of the divorce process, the Tennessee courts are given tremendous discretion in deciding whether to award alimony, how much, and for how long it should be awarded. Some spouses feel they are paying too much. Other spouses argue that they aren’t receiving enough. Experienced divorce lawyer Ryan K. McFarland in Clarksville skillfully works with couples to reach equitable alimony decisions.

Understanding alimony

Alimony – also known as spousal support -- is a regular monetary payment made by one spouse to another when the couple legally separates or divorces. The purpose of alimony is to remedy any unfair economic consequences from the divorce, even after the division of property and allocation of child support. While there are general guidelines for determining alimony, the Tennessee courts give judges discretion when making this determination.

How is alimony determined?

In determining alimony, the Tennessee courts consider several factors when deciding whether to award alimony and the amount, including but not limited to:

• How long the couple was married

• Earning capacity of each spouse

• Education of each spouse

• Training of each spouse

• Necessity of either spouse to pursue further education and training

• Financial resources of each spouse

• Age of each spouse

• Physical condition of each spouse

• Mental condition of each spouse

• How marital property is divided

• Separate assets of each spouse

• Contributions of each spouse to the marriage

• Standard of living during the marriage

• Relative fault of either spouse, depending upon the circumstances

Judges have broad discretion and can consider any factors that are deemed necessary in considering the equities between the spouses.

Types of alimony

Tennessee awards four different types of alimony, which may be awarded individually or in combination:

Pendente Lite Alimony is paid to the economically dependent spouse at any time pending the divorce to enable the spouse to prosecute or defend the lawsuit or pay bills

• Alimony in Futuro is paid to the economically disadvantaged spouse to enable them to achieve a comparable standard of living to their spouse and is paid on a long term basis or until death or remarriage of the recipient

• Alimony in Solido provides long term financial support with payments of a total amount made in installments over an established length of time

• Rehabilitative Alimony is paid over a certain period of time to enable the economically dependent spouse to develop earning capacity, by providing the resources to attend school or receive training

• Transitional Alimony provides short-term support for a spouse transitioning to the new financial situation after divorces

A Clarksville divorce attorney with the skill and experience you can trust

Divorce is stressful enough without the financial worries inherent in decisions concerning alimony. Montgomery County family law attorney Ryan K. McFarland effectively negotiates all aspects of divorce, including spousal support, securing favorable outcomes on behalf of his clients. McFarland Law has provided compassionate, dedicated counsel in all aspects of family law since 2004. To arrange for a confidential consultation to discuss your situation, contact Attorney McFarland at (931) 919-4376 or online. McFarland Law is located in Clarksville and serves all of Montgomery County.