What Happens to Alimony if you Remarry or Live with Another Person in Tennessee?
Helping you understand Tennessee alimony laws and how certain life changes can impact your eligibility for spousal support
Alimony, also known as spousal support, is one of the primary areas of contention during the divorce process. Disputes regarding who has to pay, how much must be paid and the duration of payments are often the most acrimonious discussions during mediation and litigation. Tennessee law provides several guidelines for alimony and there are many different factors that the court considers when evaluating the applicability of alimony. Each relationship is different and there is no bright-line formula for awarding spousal support.
There are several different types of alimony each with their own specific goals. Depending on the specific nature and duration of your relationship, the court may award:
- Alimony in futuro (permanent alimony)
- Alimony in solido (lump-sum payment)
- Temporary alimony during the divorce process (pendente lite support)
- Transitional alimony
- Rehabilitative alimony
Regardless of what type of alimony the court awards, modifications to court orders are sometimes possible if one party experiences a substantial change in circumstances. Two of the most common changes in circumstances are remarriage and cohabitation. If the dependent spouse (the spouse receiving alimony) begins living with another party or chooses to re-marry, the supporting spouse (the spouse making payments) may petition the court for a change in the amount of spousal support or a termination of support.
Modifications of existing court orders are handled on an individual, case-by-case basis. If you are currently receiving some form of alimony and you remarry or begin cohabitating with a new partner, your ex-spouse may file for a modification and argue that you are receiving support from your new partner and no longer need alimony. When reviewing modification petitions, the court looks at several factors to evaluate your need for continued spousal support. If the court finds that the reasons alimony was awarded at the time of divorce have substantially changed or no longer exist, your spousal support may be modified or terminated.
If you have questions about how current or future alimony may be impacted by a recent or impending life change, it is important to seek legal advice from a knowledgeable divorce and family law attorney. I’m Judy A. Oxford, an accomplished Franklin divorce attorney with over 30 years of experience. I am ready to provide you with the resources and counsel you need to fully understand your legal options. To discuss your case during a free initial consultation, contact my office, Judy A. Oxford, Attorney at Law, by phone at (615) 791-8511 or using the secure online form.