Alimony in Futuro

Alimony in Futuro is usually awarded only in marriages of a substantial duration. This type of spousal support is used in situations where the financially disadvantaged spouse has contributed to the marriage usually by assuming a domestic role in the marriage while the other spouse has served as the primary financial provider. The financially disadvantaged spouse often has foregone improvement of his or her earning capacity and has allowed the primary financial provider to increase their earning capacity throughout the marriage. Further,the financially disadvantaged spouse has become accustomed to a lifestyle beyond that which may be expected after a divorce without support from the other spouse. Likewise, the financially disadvantaged spouse could not reasonably expect to enjoy a similar lifestyle as the financially more advantaged spouse without receiving support. Set out below are some of the Tennessee statutes as they relate to Alimony in Futuro.

John M. Milazo is expierienced in evaluating a client and their respective estate in order to determine whether or not alimony in futoro is likely to be awarded; particularly by one of our local judges. If you are anticipating a divorce in Williamson County, Franklin, TN, or one of our nerby counties; please do not hesitate to contact us for a free initial consultation with John M. Milazo of the Franklin, Tennessee law firm, Milazo Law, P.C..

T.C.A.§36-5-121(d)(1) The court may award rehabilitative alimony, alimony in futuro, also known as periodic alimony, transitional alimony, or alimony in solido, also known as lump sum alimony or a combination of these, as provided in this subsection (d).

T.C.A.§36-5-121(d)(3) Where there is relative economic disadvantage and rehabilitation is not feasible, in consideration of all relevant factors, including those set out in subsection (i), the court may grant an order for payment of support and maintenance on a long-term basis or until death or remarriage of the recipient, except as otherwise provided in subdivision (f)(2)(B).

T.C.A.§36-5-121(d)(4) An award of alimony in futuro may be made, either in addition to an award of rehabilitative alimony, where a spouse may be only partially rehabilitated, or instead of an award of rehabilitative alimony, where rehabilitation is not feasible. Transitional alimony is awarded when the court finds that rehabilitation is not necessary, but the economically disadvantaged spouse needs assistance to adjust to the economic consequences of a divorce, legal separation or other proceeding where spousal support may be awarded, such as a petition for an order of protection.

T.C.A.§36-5-121(f)(1) Alimony in futuro, also known as periodic alimony, is a payment of support and maintenance on a long term basis or until death or remarriage of the recipient. Such alimony may be awarded when the court finds that there is relative economic disadvantage and that rehabilitation is not feasible, meaning that the disadvantaged spouse is unable to achieve, with reasonable effort, an earning capacity that will permit the spouse's standard of living after the divorce to be reasonably comparable to the standard of living enjoyed during the marriage, or to the post-divorce standard of living expected to be available to the other spouse, considering the relevant statutory factors and the equities between the parties.

T.C.A.§36-5-121(f)(2)(A) An award of alimony in futuro shall remain in the court's control for the duration of such award, and may be increased, decreased, terminated, extended, or otherwise modified, upon a showing of substantial and material change in circumstances.

T.C.A.§36-5-121(f)(2)(B) In all cases where a person is receiving alimony in futuro and the alimony recipient lives with a third person, a rebuttable presumption is raised that:

T.C.A.§36-5-121(f)(2)(B)(i) The third person is contributing to the support of the alimony recipient and the alimony recipient does not need the amount of support previously awarded, and the court should suspend all or part of the alimony obligation of the former spouse; or

T.C.A.§36-5-121(f)(2)(B)(ii) The third person is receiving support from the alimony recipient and the alimony recipient does not need the amount of alimony previously awarded and the court should suspend all or part of the alimony obligation of the former spouse.

T.C.A.§36-5-121(f)(3) An award for alimony in futuro shall terminate automatically and unconditionally upon the death or remarriage of the recipient. The recipient shall notify the obligor immediately upon the recipient's remarriage. Failure of the recipient to timely give notice of the remarriage shall allow the obligor to recover all amounts paid as alimony in futuro to the recipient after the recipient's marriage. Alimony in futuro shall also terminate upon the death of the payor, unless otherwise specifically stated.