The goal of any divorce in Hamilton County is to place the two parties on fair and equitable financial footing for the future. Courts can take significant steps to divide assets, force the sale of a home, or dissolve a company to achieve this goal. However, even with these dramatic steps, circumstances may prevent the desired result of equality.
When this is the case, one party may petition the court to evaluate the question of spousal support. A court can order spousal support if it deems it necessary to give both parties an equal chance to achieve financial independence after a divorce.
A Hamilton County spousal support lawyer could help to make convincing arguments concerning spousal support during a divorce case. Family attorneys could work to convince a court of the necessity of these orders as well as to argue for a proper payment amount.
Tennessee Courts are required under state law to provide an equitable division of assets during any divorce or legal separation. When performing this task, courts will evaluate the amount of marital property, the ability of both parties to support themselves independently, and which portion of marital debt each party should assume.
However, situations may arise where traditional marital property distribution leaves one party to a divorce at a significant disadvantage. These people may require cash assistance from the other party to maintain equity in the divorce. This cash assistance is known as alimony.
According to Tennessee Code Annotated §36-5-121, courts may consider the question of alimony at any time during the case prior to a final hearing. However, the court cannot take up these petitions on their own, and one party to the divorce must request alimony in their Petition. A Hamilton County spousal support lawyer could help to explain how and when this is appropriate under the law.
The core concept behind alimony is the same for all cases. One party provides cash to the other to make a divorce or separation more equitable. However, there are many forms of alimony described in state law, each with its own function and time limit.
The traditional form of alimony is transitional alimony. These are payments that last for a determinate period of time. These payments serve the purpose of allowing a recipient to transition to their new life after divorce. A similar form of payment is alimony in futuro. Here, the court determines that one party will be at a permanent economic disadvantage and payments are necessary for a lengthy period of time, or even for the remainder of the party’s lives.
Finally, state law recognizes the concept of rehabilitative alimony. In these cases, the court recognizes that while one party may not be able to support themselves right now, with some additional education or job training, they will be able to enjoy a better future. As a result, rehabilitative alimony usually lasts for a shorter period of time but is subject to modification or termination as the recipient achieves their future goals. A Hamilton County spousal support attorney could provide more information about the different types of alimony.
Spousal support, or alimony as it is known in Hamilton County, can play a major role in a person’s finances following a divorce or legal separation. If the traditional forms of property distribution or asset management cannot place the two people on equitable ground for the future, alimony may be able to fill a financial gap.
That being said, alimony can take on many different forms. Payments may be temporary or last for the rest of a person’s life. Alimony may serve the purpose of allowing a recipient to complete their education, make a transition into a new lifestyle. A Hamilton County spousal support lawyer could help parties to file motions for alimony during a divorce or legal separation. Legal professionals could also help others to contest the need for these payments. In any case, working with a local spousal support lawyer could provide a more stable financial future. Call now to get started.