Clarksville Spousal Support Lawyer

Clarksville Spousal Support Attorney

One spouse will often receive court-ordered spousal support as part of the finalization of a divorce. The purpose of alimony is to reduce inequities between the spouses so minimal financial harm is done to either party. If you have questions about spousal support, a Clarksville spousal support lawyer can guide you through the process.

The attorneys at Mathis, Bates & Klinghard PLLC have helped clients receive favorable outcomes when it comes to spousal support. Whether you are seeking alimony or urging the courts not to award it to your spouse, having legal representation can make a significant difference in the outcome of your case.

Why Choose Mathis, Bates & Klinghard PLLC

Family court matters can be significantly consequential for the parties involved, and spousal support is no exception. If you are seeking spousal support in Clarksville, your financial future could be at stake. Our family lawyers understand the state’s family code and how it applies to spousal support. We also represent clients who have concerns about how much they may have to pay in spousal maintenance.

Our lawyers stay up to date on the latest legal strategies that can help our clients in court. Social media, for example, can provide evidence that your spouse is not acting in good faith during a divorce. We can leverage technology to support your case and further your interests.

Understanding Spousal Support

The State of Tennessee recognizes four types of alimony. Depending on the length of your marriage and other factors, a court may determine that you or your spouse may be given:

• Rehabilitative alimony: Rehabilitative alimony addresses the difference in earning income between two spouses. When one spouse does not work while the other does, the stay-at-home spouse may be given rehabilitative alimony while they reenter the workforce.
• Transitional alimony: This type of alimony affords a short-term solution for spouses who need time to adjust to changing circumstances that typically follow a divorce. Transitional alimony is an alternative to long-term alimony.
• Lump sum alimony: When there is unavoidable inequality in the division of the marital estate, a lump sum payment, also known as alimony in solido, may be used to balance the division of assets. One example would be a divorce where one spouse keeps the house. A lump sum payment could allow the spouse who does not receive the home to be compensated for half of the home’s equity.
• Periodic alimony: This form of long-term alimony is reserved for marriages that lasted many years (often decades) where one spouse did not work outside the home. The stay-at-home spouse generally has to demonstrate that they are unable to earn enough income to maintain a reasonable standard of living.

Spousal Support Guidelines

Judges have guidelines to follow but can use discretion when determining which type of alimony is justifiable and which monthly payments are the most fair for the lower-earning spouse. A judge may consider many factors when making these decisions, such as:

• The financial resources of both spouses, including income, assets, and expenses
• The standard of living established during the marriage
• The duration of the marriage and the time needed for the receiving spouse to achieve self-sufficiency
• The age and physical and emotional health of both spouses
• Each spouse’s contribution to the marriage, including homemaking and child-rearing
• The recipient spouse’s educational background, job skills, and employability
• The financial condition and needs of both parties, including any separate property
• The tax implications for both parties result from the alimony award
• Any misconduct by either spouse during the marriage, though this is less emphasized in recent cases.

How an Attorney Can Protect Your Interests in Family Court

Judges have the discretion to choose whether to award alimony and what amount to order. Their decisions may be based in part on the arguments made by either party. If you are seeking spousal support, your lawyer can gather evidence that demonstrates your financial need.

Conversely, if you wish to argue that your soon-to-be ex should not receive spousal support or should not receive excessive alimony, having legal representation can make a significant difference in the judge’s final decision.

A family court lawyer brings experience in making oral arguments before a judge. Without legal representation, you may not be able to secure a favorable ruling by the court. Once a judge makes their ruling, going back to request a modification to that order can be challenging.

FAQs

Q: What Disqualifies You From Alimony in Tennessee?

A: Adultery may be considered when determining alimony, and it could disqualify you. The financial independence of the party seeking spousal support is another consideration that a family court judge may take into account. If the spouse cohabitates with a romantic partner during the divorce, that could weaken their claim to spousal support.

Q: How Much Is Spousal Support in Tennessee?

A: Spousal support is determined on a case-by-case basis. One main consideration is the income of the spouse who pays alimony. Higher earners have a greater capacity for paying more in spousal support than someone who may have a tight budget. The court may evaluate numerous factors when determining the type and amount of alimony that is court-ordered.

Q: Do I Have to Pay Taxes on Spousal Support?

A: Alimony payments are tax-deductible for the payer and considered taxable income for the recipient if made under a divorce or separation agreement executed before 2019. However, payments under agreements executed after 2018 or modified to state the repeal of the deduction are not deductible, and recipients do not include these payments in their gross income.

Q: Does Tennessee Have Lifetime Alimony?

A: Yes, Tennessee has lifetime alimony. Commonly known as alimony in futuro, the lifetime court order of monthly payments is less common than other forms of alimony. One consideration is the length of the marriage. When one spouse has been married for decades and stayed at home throughout the marriage, that spouse is less likely to be able to seek gainful employment.

Q: What Is Alimony Pendente Lite in Tennessee?

A: Alimony pendente lite in Tennessee is temporary financial support awarded to one spouse during the divorce process. It ensures that the lower-earning spouse can maintain their standard of living and cover legal costs while the divorce is pending. This support ends once the divorce is finalized, when permanent alimony arrangements may be established.

Schedule Your Spousal Support Consultation

While spousal support is commonly included in a divorce decree, the type and size of the payments can be influenced by the oral and legal arguments of the attorneys involved in the case. The attorneys at Mathis, Bates & Klinghard, PLLC, can help you understand your options when it comes to spousal support.

Our lawyers can advocate for your goals so the spousal support order is fair and conforms to the law. To schedule your consultation, we welcome you to contact our office today.