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Divorce with Transitional Alimony Lawyer Franklin, TN

Williamson County, Tennessee Divorce with Transitional Alimony

In marriages of relatively short duration, Transitional Alimony will likely be the type of spousal support awarded by the court. This support payment is intended to allow the financially disadvantage spouse the ability to exit the marriage and reenter society as a single person with as little disruption as can be expected. Transitional Alimony is usually measured in months and like all alimony payments is based upon the level of need of the disadvantage spouse and the ability of the spouse with the higher earning capacity to provide the support.

The Tennessee Legislature and our judicial system recognize that the disadvantaged spouse may require an increase of his or her monthly budget in order to obtain new housing, transportation, furniture etc. when moving forward after a divorce. In marriages of short duration, especially those where there are no children between the divorcing parties, it will be the goal of the judge to allow each of the spouses to return to their premarital standard of living.

It is important to note that once ordered by the court in the Final Decree of Divorce, Transitional Alimony is not modifiable. This means that neither party may return to court and ask that the alimony payments, if specifically deems to be Transitional, be increased, decreased or terminated regardless of the reason. Set out below are some of the Tennessee statutes as they relate to Transitional Alimony.

Transitional Alimony may be deemed to be taxable to the recipient and tax deductible to the party providing the support. Parties should inquire of their counsel as well as their tax advisor or certified public accountant regarding the specific tax consequences of any support ordered in their matter.

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(g)(1) Transitional alimony means a sum of money payable by one (1) party to, or on behalf of, the other party for a determinate period of time. 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(g)(2) Transitional alimony shall be nonmodifiable unless:

(A) The parties otherwise agree in an agreement incorporated into the initial decree of divorce or legal separation, or order of protection;

(B) The court otherwise orders in the initial decree of divorce, legal separation or order of protection; or

(C) The alimony recipient lives with a third person, in which case a rebuttable presumption is raised that:

(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

(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(g)(3) Transitional alimony shall terminate upon the death of the recipient. Transitional alimony shall also terminate upon the death of the payor, unless otherwise specifically stated in the decree.

T.C.A.§36-5-121(g)(4) The court may provide, at the time of entry of the order to pay transitional alimony, that the transitional alimony shall terminate upon the occurrence of other conditions, including, but not limited to, the remarriage of the party receiving transitional alimony.

Serving clients in Williamson County, Franklin TN, Brentwood TN, Fairview TN, Spring Hill TN, Maury County, Columbia TN, Mt. Pleasant TN, Hickman County, Centerville TN, Lyles TN, Davidson County, Nashville TN, Lewis County, Hohenwald TN, Perry County, Linden TN, Rutherford County, Murfreesboro TN, Smyrna TN, Sumner County, Gallatin, TN, Robertson County, Springfield, TN and Giles County, Pulaski, TN Marshall County, Lewisburg TN, Bedford County, Shelbyville TN, Dickson County, Dickson TN, Burns TN, John M. Milazo would be happy to serve you as well.

By John Milazo

Address: 109 Cleburne Street, Franklin, TN 37064  Phone: (615) 599-7719