How To Avoid Paying Alimony in Tennessee? 2025

Alimony is the court-ordered financial support one spouse is required to pay the other after separation or following a divorce. If you are a divorced Tennessee resident and are ordered to pay spousal support, you may want to know how to avoid paying alimony in Tennessee. While you may not always get out of paying alimony, being armed with knowledge is the first step to success.

Who Pays Alimony in Tennessee?

The purpose of alimony is for the dependent spouse to enjoy the same standard of living as they did while in the marriage. In Tennessee, alimony is based upon one party’s need for alimony and the other party’s ability to pay for it. It doesn’t matter the gender of either spouse. Either party may be obligated to pay depending on the judge’s discretion.

The higher-earning spouse is generally required to pay, while the spouse who was financially dependent in the relationship receives alimony. Sometimes one spouse sacrifices their education, career, and ability to earn a living to care for their spouse and children. In this case, as well as others, that spouse may be entitled to receive alimony.

What Are the Types of Alimony in Tennessee?

There are four main types of alimony in Tennessee, and they are described below:

• Rehabilitative alimony. This is for spouses who sacrificed their education or career to care for and nurture the family. This type of alimony helps the spouse become financially dependent after the divorce. It usually lasts for a set period but ends when the other spouse dies.
• Alimony in futuro. This type of alimony is awarded long-term and ends when the other spouse remarries or dies. It is used when rehabilitative alimony is insufficient and one spouse is economically disadvantaged.
• Transitional alimony. This is when long-term support is not needed and is awarded when one spouse needs help adjusting economically to their new life while maintaining the same standard of living as they had within the marriage. It ends when the paying spouse dies.
• Alimony in solido. This is a set amount of long-term alimony that is paid in a lump sum or made in installments over time. It has no duration and cannot be modified.

How Is Alimony Determined in Tennessee?

Alimony is determined by a judge, who considers several factors in their determination. Some of the factors considered are the paying spouse’s earning capacity, their financial resources, their debts, and living expenses, how long the marriage lasted, child custody and support arrangements, the age, health, and mental condition of both spouses and property division. These considerations will determine the type of alimony to be paid and its duration.

How Can I Get Out of Paying Alimony in Tennessee?

Getting out of paying alimony is difficult but not impossible in Tennessee. Perhaps the easiest way of getting out of paying alimony in Tennessee is through a prenuptial agreement. In your prenuptial agreement, you can specify the duration of alimony payments or say that they will not be paid at all. Below are other conditions to avoid paying alimony:

• Your spouse dies. Apart from alimony in solido, the obligation to pay alimony automatically ends when you or your spouse passes away. No further action needs to be taken when the spouse dies for alimony in futuro, rehabilitative, and transitional alimony; the payments simply end automatically.
• Your spouse gets remarried. If your spouse remarries, you may be able to stop making alimony payments unless the marriage agreement states otherwise. This does not apply to solido alimony since it is typically a lump sum that is agreed upon and may even be paid via an estate when the supporting spouse passes away.
• Your situation changes. Sometimes, you can get your alimony modified, or you may be ordered not to pay if there are drastic changes in your situation, such as an illness, retirement, or disability.
• Cohabitation. If your spouse begins to live with someone else, your alimony payments may end.

Discussing alimony arrangements with a knowledgeable and experienced attorney can help you identify if your spousal support agreement is fair and equitable.

FAQs:

Q: How Do I Get out of Paying Alimony in Tennessee?

A: There are several ways to get out of paying alimony in Tennessee. First, if your spouse dies or remarries, your alimony obligation will automatically end for certain types of alimony agreements. You may also get out of paying if your spouse cohabitates with another adult or if your situation changes drastically. Unlike with remarriage and death, the judge makes the final decisions for these cases.

Q: What Disqualifies You from Alimony in Tennessee?

A: In Tennessee, a person may be disqualified from paying child support if they do not have the financial means and the other partner has no need for it. If the dependent spouse committed adultery, the paying or supporting spouse may be disqualified from paying. You should consult with your lawyer to understand your rights and if you have a case for being disqualified.

Q: Are All Wives Entitled to Alimony in Tennessee?

A: No, not all wives are entitled to alimony in Tennessee. Alimony is not based on gender or sex. The purpose of alimony is for the dependent spouse to maintain the same standard of living as in the marriage. The spouse who typically pays is the higher-earning spouse, regardless of gender. The judge has the final say on who is entitled to receive alimony and who is required to pay.

Q: What if My Ex-husband Refuses to Pay Spousal Support?

A: If your ex refuses to pay spousal support, you should contact your lawyer. Your lawyer can investigate the situation, inform you of your rights, and possibly get a court order for you to receive alimony. Spousal support is court-ordered and legally binding, so a non-paying spouse can face consequences up to jail time for refusing to pay.

Tennessee Spousal Support Attorney

Getting around paying alimony can be rare but not impossible. Alimony can be expensive and can interfere with your way of life. If you want to learn your options for avoiding paying alimony, you should contact the office of Mathis, Bates & Klinghard PLLC. We are experienced lawyers who serve our clients with skill and compassion.