Establishing Spousal Support Terms in Chattanooga

When a couple divorces, the spouse with the higher income may be required to make monthly alimony payments to their former partner. Establishing spousal support terms in Chattanooga can vary depending on a number of factors, including the length of the marriage, the age of each party, and the discrepancy between their incomes. If you have concerns regarding the conditions of your spousal support contract, it may be wise to consult a qualified attorney who could help you fully understand the extent of your obligations.

Factors in Establishing Payments

There are no general guidelines for alimony in Chattanooga, which means that the monetary amount for payments is left up to the discretion of the judge, who will make a ruling based on the presented evidence and the evaluation of the following factors:

  • The relative earning capacity, obligations, needs, and financial resources of each party, including income from pension profit sharing or retirement plans and all other sources
  • The relative education and training of each party
  • The duration of the marriage
  • The age and mental condition of each party
  • The physical condition of each party
  • The custodial rights of each party
  • The separate assets of each party
  • The provisions made with regard to marital property
  • The standard of living the parties established during the marriage
  • The extent to which each party has made contributions to the marriage
  • The relative fault of the parties in applicable cases
  • The tax consequences to each party

A skilled local lawyer could apply each of these factors to a person’s case to determine their eligibility to establish a spousal support contract.

When is Temporary Spousal Support Ordered?

Before a set schedule for spousal support payments is approved by the court, the paying spouse may be ordered to make temporary payments to their former partner. These payments are called “pendente lite” spousal support, which means pending litigation. This temporary schedule ensures that the alimony recipient’s financial needs are met during the divorce proceedings but only lasts until an official spousal maintenance order is finalized. The new spousal support contract could include the same terms as the pendente lite one but could also be much different.

What are the Conditions for Permanent Support?

There are some factors that could be evaluated to determine the duration of spousal support payments, namely the length of the couple’s marriage. If the spouses were married for a significant amount of time, usually more than 20 years, then there would not be a scheduled end date for the payments. In Tennessee, this type of permanent alimony is called in future alimony, and it carries some caveats. For example, the payments will end if the recipient remarries. An experienced attorney could describe any other conditions that would warrant permanent spousal support in further detail.

A Chattanooga Attorney Could Examine Your Specific Circumstances to Establish Spousal Support Terms

Creating a fair and feasible schedule of alimony payments can be difficult to achieve without the help of a legal professional who is familiar with this particular area of law. If you are currently going through a divorce in Chattanooga and want to establish a set of spousal support terms that work for both you and your ex-spouse, call a member of our firm today. A dedicated attorney could guide you through this process and help you obtain a satisfactory outcome.

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