A frequent question during adivorceis, “Can I getalimony?” The answer is maybe. Of course, the easiest way is if you and your spouse can agree on the issue. Often, however, that is not the case. When the spouses cannot agree, the Court will determine if alimony is appropriate, and if so, the amount and the duration of time.

In Montgomery County, as throughout Tennessee, the Court will look at the following factors to determine whether to grant alimony, in what amount, and for how long:

(1) The relative earning capacity, obligations, needs, and financial resources of each party, including income from pension, profit sharing or retirement plans and all other sources.

(2) The relative education and training of each party, the ability and opportunity of each party to secure such 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) How long the parties were married.

(4) The age and mental condition of each party.

(5) The physical condition of each party, including, but not limited to, physical disability or incapacity due to a chronic debilitating disease.

(6) The extent to which it would be undesirable for a party to seek employment outside the home, because such party will be custodian of a minor child of the marriage.

(7) The separate assets of each party.

(8) How the parties divided their 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, in cases where the court, in its discretion, deems it appropriate to do so.

(12) Other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.

The Court will take each of the above factors into consideration. However, the Supreme Court of Tennessee has told us thatthe two most important factors are the disadvantaged spouse’s need and the obligor spouse’s ability to pay.

Since the Court has wide discretion on whether to award alimony, what amount and for how long, it is advisable to speak with a trustedfamily law attorneyso that he or she can prepare evidence for each factor that the Court will weigh. Located in Clarksville, Montgomery County, Tennessee,McFarland Law Officewould be honored to speak with you regarding the specific circumstances of your divorce and the possibility of alimony. Your consultation is free and we will sit down with you and explain how we can best serve you.

If You Have Questions Please Feel Free To Contact Our Office.

Ryan K McFarland • attorneymcfarland@gmail.com1 (931) 919-4376

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