Rehabilitative Alimony is intended to help the financially disadvantaged spouse achieve a higher earning capacity more equivalent to the other spouse's capability. The Tennessee legislature has determined that it is in the best interests of this State that public policy encourages strong families. In doing so, it recognized that in many situations spouses contribute equally to all marriage but in very different ways. One spouse may serve as the primary financial provider while the other serves in a more domesticated role, which by doing so enables the primary financial provider to gain the ability to further his or her own earning capacity while serving the family. In the event of the family unit is broken by a divorce, it is not equitable to allow the financial provider to leave the marriage as the sole beneficiary of the fruits of both parties contributions. Rehabilitative Alimony serves to allow the financially disadvantaged spouse to return to school, regain certain certifications, reenter the workforce at a lower economic level with the intent to ascend to a higher position or even to begin an entirely new career. It is important to note that Rehabilitative Alimony may be modified by the court upon a petition of either party. To determine if your situation is one where Rehabilitative Alimony may be applicable, it is important that you consult with an experienced attorney. Set out below are some of the Tennessee statutes as they relate to Rehabilitative Alimony.
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).
It is the intent of the general assembly that a spouse, who is economically disadvantaged relative to the other spouse, be rehabilitated, whenever possible, by the granting of an order for payment of rehabilitative alimony. To be rehabilitated means to achieve, with reasonable effort, an earning capacity that will permit the economically disadvantaged 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.
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).
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.
Alimony in solido may be awarded in lieu of or in addition to any other alimony award, in order to provide support, including attorney fees, where appropriate.
Rehabilitative alimony is a separate class of spousal support, as distinguished from alimony in solido, alimony in futuro, and transitional alimony. To be rehabilitated means to achieve, with reasonable effort, an earning capacity that will permit the economically disadvantaged 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.
An award of rehabilitative alimony 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 a substantial and material change in circumstances. For rehabilitative alimony to be extended beyond the term initially established by the court, or to be increased in amount, or both, the recipient of the rehabilitative alimony shall have the burden of proving that all reasonable efforts at rehabilitation have been made and have been unsuccessful.
Rehabilitative alimony shall terminate upon the death of the recipient. Rehabilitative alimony shall also terminate upon the death of the payor, unless otherwise specifically stated.
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