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when settling a divorce. Without some have a large asset such as a business Throughout the country, the idea
legal protections, few spouses would that cannot be split without selling it. of lifetime alimony—alimony in fu-

want to subordinate their personal Tennessee statute also outlines the turo—has fallen into disfavor because
economic interests to the family-raising appropriate factors to consider when
of changes in the economic relations

duties of marriage.
awarding any alimony:
between husband and wife, with more
The most straightforward way of • Relative earning capacity,
and more women working outside

achieving equitable incomes for each obligations, needs, and financial
the home, but also because some of
spouse when a marriage is dissolved
resources of each spouse its social consequences have proved

is for the court to award some form of • Relative education and
negative. Recipients have less incentive
alimony to the less financially secure training of each
to enter the workforce, and, because

spouse. historically, this award would • The marriage’s duration payments are stopped when recipients
be from the husband to the wife, but • Age and mental condition
remarry, alimony in futuro encourages

modern Tennessee jurisprudence rec- of each spouse
them to cohabitate indefinitely. last
ognizes that in a family today the court • Physical condition of each
year, florida governor Rick Scott ve-

cannot assume who will be the major • Custodial status of children toed a bill that would have ended life-
breadwinner. The legislature began in • overall marriage settlement time alimony in his state, but four other

1983 to amend the alimony statute and • Standard of living of both
states have passed similar legislation.
has continued to do so to reflect con- parties during the marriage Even where it is awarded as in Tennes-

temporary family situations. As a result • Contributions of each
see, alimony in futuro is becoming the
of these amendments, we now have spouse to the marriage
exception rather than the rule.

four types of alimony in Tennessee: • fault of each party in the In 2011, the Tennessee Supreme
Rehabilitative alimony: Statute marriage’s dissolution
Court unanimously reversed the Court

prefers this temporary form of alimony, • Any other factors that should of Appeals in Gonsewski v. Gonsewski—
the purpose of which is to increase the be considered to reach an a case in which the wife had been

disadvantaged spouse’s earning capac- equitable settlement.
awarded lifetime alimony—saying that
ity, such as through paying for educa- the present statute was designed to

tion or other efforts at “rehabilitating” however, of the factors listed above, encourage both spouses to become self-
the spouse for these opportunities the courts have held that the most im- sufficient after divorce. going forward,

missed because of the marriage. This portant factors are need of the spouse this decision implies that even with-
form of alimony could be modifiable.
asking for alimony and the ability to out a change to Tennessee law, courts

Alimony in futuro (periodic alimo- pay by the other spouse.
will likely award permanent alimony
ny): If rehabilitation is not feasible, the It is important to note that the court only when there is some barrier to the

spouse can receive long-term alimony considers relative earning capacity
spouse’s being able to support himself or
payments until death or remarriage. and not actual income. hence, it is not herself (such as a lifetime disability), or

(This form can also be modifiable.)
sufficient that one spouse makes more the marriage has lasted an exceptional
Transitional alimony: Rehabilita- money than the other. If, after the length (such as more than 20 years).

tion of one spouse is not necessary but divorce, the lesser-earning spouse can The changing legal landscape of
because of other factors he or she will reasonably be expected to secure a job alimony is just one more reason you

need help for a brief period to adjust or other opportunity, the court will not should work with a qualified, expe-
to the economic consequences of the use the current difference as a basis for rienced attorney through any divorce.

divorce. (Modifiable only under the awarding alimony.
terms set out in the court’s order or for example, the Western District of David Valone
is a veteran family law attorney who has been
agreement.)
the Court of Appeals last year rejected practicing law in Knoxville, Tennessee for the past 28 years.
Alimony in solido: Instead of an argument by a Shelby County man
He is a sole practitioner who has tried thousands of cases in
indefinite periodic payments, the
that he was entitled to alimony because most counties in East Tennessee. Mr. Valone is also certiied
total amount of alimony to be paid his ex-wife had made more than as a Family Law Mediator by the Tennessee Supreme Court.

and received is known at the time of $160,000 the previous year, whereas
His areas of concentration include cases dealing with divorce,
the settlement. Moreover, should the he was unemployed. The court found child custody, and child support issues.

recipient die or remarry, the payments that both spouses had similar potential
do not cease. This form of alimony is earnings, based on education, training,

useful, for example, when the couple
and experience.

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