Unlike child support obligations, alimony, also known as spousal support or maintenance in other states, is not subject to a formula. Instead, alimony is determined by factors such as the length of the marriage, the respective incomes of both parties and other factors.

With more than 25 years of experience handling difficult family law issues, Clarksville alimony lawyer Steven C. Girsky can help you navigate the complex issues of divorce, including alimony, with the goal of protecting your rights and interests throughout the process.

How Alimony Serves Specific Purposes

Alimony may be awarded on a temporary or permanent basis, depending on your unique circumstances. Attorney Girsky will provide straightforward counsel on the possibility of any of the following types of alimony in your divorce case:

  • Rehabilitative – Temporary alimony that is designed to help pay for spouses to finish their education or get a higher education degree so as to improve their job prospects. This is often the case for stay-at-home parents going through divorce.
  • Transitional – Another form of temporary alimony usually awarded for a few months or a few years
  • Alimony in futuro – Long-term alimony that may have no set end date. Alimony in futuro is rarely awarded, but can happen in cases of long-term marriage or other unique circumstances.

Alimony can be among one of the most contested issues in divorce, besides child custody and visitation or property division. It makes sense that you want to fight to protect your rights. However, it is also important to explore all your options for resolution. In letting a judge make the final decision, you could be stuck with alimony for longer than you would like. By working out your differences in negotiation or mediation, you may stand a better chance at achieving a positive outcome.

What Factors Determine Alimony Amounts?

Before the court determines the type, amount and duration, the court will consider multiple different factors, including:

  • Each party’s education and training, and ability to find employment
  • Each party’s earning capacity, additional financial resources or assets, financial obligations and needs relative to the other
  • The duration of the marriage
  • Each party’s age and their physical and mental condition
  • Whether a spouse is the custodial parent of a child of the marriage and that makes it difficult for that spouse to find employment
  • How each party contributed (financially or via in-kind services) to the marriage
  • Whether there was marital fault on one party’s side that ended the union
  • The standard of living that was established during the marriage

The court is also free to consider any other factor deemed relevant to the decision and has very broad discretion over this decision. Couples who want to maintain control over their alimony situation can work together to create an agreement that they both find acceptable. When that is not possible, it is critically important to have strong legal representation on your side to protect your interests and present evidence to the court that supports your position.

When Can Alimony Be Modified?

Generally speaking, the court can modify an alimony award at any time a request is made and one party can demonstrate a substantial change in the circumstances that dictated the original award.

For example, if someone paying alimony can demonstrate that their former spouse has now achieved financial independence through their own employment or has begun cohabitation with a new romantic partner that reduces their living expenses, then the court may reduce or terminate their obligation. Similarly, if the recipient of alimony can show that their former spouse now has significantly more disposable income due to a promotion and pay raise, that may induce the court to increase the monthly alimony award.

In situations where the issues are simply too complex, however, attorney Girsky will defend your rights and interests in court as an experienced and aggressive trial lawyer.

Can You Receive Alimony While Your Divorce Is Pending In Tennessee?

Yes, you can receive alimony while your divorce is still ongoing. This is called pendente lite or temporary alimony. Divorce cases can take months or even years to finalize. During that time, you still need to pay your bills, buy groceries and keep a roof over your head. If you were relying on your spouse’s income during the marriage, the court can order them to continue providing financial support until the divorce is complete.

Think of alimony pendente lite as a financial bridge that helps you get through the divorce process. It only starts after you file for divorce and stops once the judge signs your final divorce papers. To request it, you will need to ask the court and show that you need help covering your basic living expenses.

How Does Spousal Support Work In A Military Divorce?

In a military divorce, courts look at the same factors as in civilian divorces, but they also examine the service member’s total military compensation when determining alimony. Military pay includes more than just base salary. The court considers basic pay along with housing allowance (BAH) and subsistence allowance (BAS) when calculating your spouse’s income for support purposes.

Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), if your marriage meets what is called the 20/20/20 rule, you may qualify for additional benefits beyond alimony. This means you were married for at least 20 years, your spouse served at least 20 creditable years and your marriage overlapped their service for at least 20 years. Meeting these requirements can give you access to medical care, commissary and exchange privileges even after divorce.

Calculations And Duration For Kentucky Spousal Maintenance

Kentucky courts follow a two-step process before awarding spousal maintenance. First, the requesting spouse must show that they lack enough property to meet their reasonable needs and cannot support themselves through appropriate employment. A spouse caring for a child with significant special needs may also qualify. If a spouse fails to meet both of these requirements, the court will deny the request outright.

Once a spouse establishes eligibility, the court turns its attention to how much support to award and for how long. Kentucky law gives judges the flexibility to decide what is fair rather than following a strict formula. Judges look at the full picture of each couple’s situation, considering how long the marriage lasted, the lifestyle both spouses shared during the marriage and each spouse’s financial standing. They also take into account how much time the requesting spouse may need to pursue education or job training before finding suitable work. A spouse’s age, physical health and emotional condition can further shape the court’s final decision.

Tennessee takes a different approach by recognizing four distinct types of alimony, each serving a specific purpose: transitional alimony, rehabilitative alimony, alimony in futuro and alimony in solido. Unlike Kentucky, Tennessee courts weigh which type of alimony best fits the situation.

Get Answers To Questions About Alimony

The Law Office of Steven C. Girsky offers evening, weekend and off-site visits in addition to weekly business hours and represents clients throughout Tennessee and Kentucky. Payment plans are available and credit cards are accepted. Contact the firm today or call 931-266-4689 to schedule a free initial consultation.