Alimony in Tennessee.
Whether the state sets a formula or leaves it to the judge, what the court has to weigh, how long it runs, and what brings it to an end.
See a different stateTennessee
There is no arithmetic in Tennessee’s statute. The court decides the amount and the length from the factors below, and two judges on the same facts can reach different answers. That is not a flaw in how we are describing it; it is how the law is written.
Use the state’s own words
Tennessee calls it 'Alimony'. Tennessee then splits it into four named classes, and the class controls everything that follows. Tenn. Code Ann. 36-5-121(d), quoted verbatim: 'The court may award rehabilitative alimony, alimony in futuro (periodic), transitional alimony, or alimony in solido (lump sum), or a combination thereof, as provided in this subsection.' The section itself is headed by the general assembly's own statement of purpose at subsection (c).. Using the state’s own term matters when you are searching for forms or reading an order — the words are not interchangeable across state lines, and some of them mean different things in different places. Read from the Tennessee Secretary of State's published Public Acts. The current codified text of s. 36-5-121 we could not read from a Tennessee state host; tncourts.gov serves a JavaScript proof-of-work challenge and the Tennessee Code is published commercially. Later amendments to s. 36-5-121 were not checked.
The short version4 points · tap one to jump to it
- What the law actually says
- How long it lasts — No bracket, no cap, no schedule keyed to the length of the marriage; the duration of the marriage is factor (i)(3) only.
- Does behavior matter? — Fault is a factor and it is discretionary, not mandatory.
- When it ends, and when it can change — Rehabilitative alimony shall also terminate upon the death of the payor unless otherwise specifically stated.' Alimony in futuro – '(f)(3) An award for alimony in futuro shall terminate automatically and unconditionally upon the death or remarriage of the recipient.
In this subject 4
What the law actually says
The short version4 points · tap one to jump to it
- What the law actually says
- How long it lasts — No bracket, no cap, no schedule keyed to the length of the marriage; the duration of the marriage is factor (i)(3) only.
- Does behavior matter? — Fault is a factor and it is discretionary, not mandatory.
- When it ends, and when it can change — Rehabilitative alimony shall also terminate upon the death of the payor unless otherwise specifically stated.' Alimony in futuro – '(f)(3) An award for alimony in futuro shall terminate automatically and unconditionally upon the death or remarriage of the recipient.
In this subject 4
The power the court has
What the judge has to weigh
How long it lasts
Duration
No bracket, no cap, no schedule keyed to the length of the marriage; the duration of the marriage is factor (i)(3) only. Duration is instead a function of which of the four classes is awarded, and the statute defines each. Verbatim from 36-5-121: '(e)(1) Rehabilitative alimony is a separate class of spousal support as distinguished from alimony in solido, alimony in futuro, and transitional alimony. To be rehabilitated means to achieve, with reasonable effort, an earning capacity that will permit the economically disadvantaged spouse's standard of living after the divorce to be reasonably comparable to the standard of living enjoyed during the marriage, or to the post-divorce standard of living expected to be available to the other spouse, considering the relevant statutory factors and the equities between the parties.' '(f)(1) Alimony in futuro, also known as periodic alimony, is a payment of support and maintenance on a long term basis or until death or remarriage of the recipient. Such alimony may be awarded when the court finds that there is relative economic disadvantage and that rehabilitation is not feasible meaning that the disadvantaged spouse is unable to achieve, with reasonable effort, an earning capacity that will permit the spouse's standard of living after the divorce to be reasonably comparable to the standard of living enjoyed during the marriage, or to the post-divorce standard of living expected to be available to the other spouse, considering the relevant statutory factors and the equities between the parties.' '(g)(1) Transitional alimony means a sum of money payable by one (1) party to, or on behalf of, the other party for a determinate period of time. Transitional alimony is awarded when the court finds that rehabilitation is not necessary, but the economically disadvantaged spouse needs assistance to adjust to the economic consequences of a divorce, legal separation or other proceeding where spousal support may be awarded, such as a petition for an order of protection.' '(h)(1) Alimony in solido, also known as lump sum alimony, is a form of long term support, the total amount of which is calculable on the date the decree is entered, but which is not designated as transitional alimony. Alimony in solido may be paid in installments provided the payments are ordered over a definite period of time and the sum of the alimony to be paid is ascertainable when awarded. The purpose of this form of alimony is to provide financial support to a spouse. In addition, alimony in solido may include attorney fees where appropriate.' Subdivision (h)(1) was replaced in 2022; see the modification and unusual fields.
Does behavior matter?
Marital misconduct
Fault is a factor and it is discretionary, not mandatory. Tenn. Code Ann. 36-5-121(i)(11), quoted verbatim: 'The relative fault of the parties in cases where the court, in its discretion, deems it appropriate to do so'. Note the two qualifiers – 'relative' fault, and only where the court 'deems it appropriate'. There is no fault bar to alimony in this section, and no cut-off date on the conduct that may be considered.
When it ends, and when it can change
What brings it to an end
Set class by class, verbatim from 36-5-121: rehabilitative – '(e)(3) Rehabilitative alimony shall terminate upon the death of the recipient. Rehabilitative alimony shall also terminate upon the death of the payor unless otherwise specifically stated.' Alimony in futuro – '(f)(3) An award for alimony in futuro shall terminate automatically and unconditionally upon the death or remarriage of the recipient. The recipient shall notify the obligor immediately upon the recipient's remarriage. Failure of the recipient to timely give notice of the remarriage will allow the obligor to recover all amounts paid as alimony in futuro to the recipient after the recipient's marriage. Alimony in futuro shall also terminate upon the death of the payor unless otherwise specifically stated.' Transitional – '(g)(3) Transitional alimony shall terminate upon the death of the recipient. Transitional alimony shall also terminate upon the death of the payor, unless otherwise specifically stated in the decree. The court may provide, at the time of entry of the order to pay transitional alimony, that the transitional alimony shall terminate upon the occurrence of other conditions such as, but not limited to, the remarriage of the party receiving transitional alimony.' Alimony in solido – '(h)(3) Alimony in solido is not terminable upon the death or remarriage of the recipient or the payor.' Cohabitation does not terminate anything. It raises a presumption and the remedy is suspension. 36-5-121(f)(2)(B), quoted verbatim: 'In all cases where a person is receiving alimony in futuro and the alimony recipient lives with a third person, a rebuttable presumption is thereby raised that: (i) The third person is contributing to the support of the alimony recipient and the alimony recipient therefore does not need the amount of support previously awarded, and the court therefore should suspend all or part of the alimony obligation of the former spouse; or (ii) The third person is receiving support from the alimony recipient and the alimony recipient therefore does not need the amount of alimony previously awarded and the court therefore should suspend all or part of the alimony obligation of the former spouse.' The same presumption is written into 36-5-121(g)(2)(C) for transitional alimony, as one of the three exceptions to that class's non-modifiability.
Changing it later
The general rule is in 36-5-121(a): 'the order or decree shall remain in the court's jurisdiction and control, and, upon application of either party, the court may award an increase or decrease or other modification of the award based upon a showing of a substantial and material change of circumstances, provided the award is subject to modification by the court based on the type of alimony awarded, the terms of the court's decree or the terms of the parties' agreement.' Then it varies by class, verbatim: rehabilitative – '(e)(2) An award of rehabilitative alimony shall remain in the court's control for the duration of such award, and may be increased, decreased, terminated, extended, or otherwise modified, upon a showing of a substantial and material change in circumstances. For rehabilitative alimony to be extended beyond the term initially established by the court, or to be increased in amount, or both, the recipient of the rehabilitative alimony shall have the burden of proving that all reasonable efforts at rehabilitation have been made and have been unsuccessful.' Alimony in futuro – '(f)(2)(A) An award of alimony in futuro shall remain in the court's control for the duration of such award, and may be increased, decreased, terminated, extended, or otherwise modified, upon a showing of substantial and material change in circumstances.' Transitional – '(g)(2) Transitional alimony shall be nonmodifiable unless: (A) The parties otherwise agree in an agreement incorporated into the initial decree of divorce, or legal separation or order of protection; (B) The court otherwise orders in the initial decree of divorce, legal separation or order of protection; or (C) The alimony recipient lives with a third person, in which case a rebuttable presumption is thereby raised' as set out in the termination field. Alimony in solido – '(h)(2) A final award of alimony in solido is not modifiable, except by agreement of the parties only.'
Worth knowing about Tennessee
Three. First, Tennessee is one of the few states that defines its classes of support by name in the statute itself, and the class – not the amount – decides modifiability and termination. Transitional alimony is presumptively non-modifiable; alimony in solido is non-modifiable and survives both death and remarriage; alimony in futuro is fully modifiable and ends automatically on remarriage. Second, cohabitation in Tennessee is not a termination event. Living with a third person raises a rebuttable presumption of reduced need and the statute's stated remedy is that the court 'should suspend all or part of the alimony obligation'. Third, 2022 Public Chapter 762 s. 7 replaced subdivision (h)(1) and put a written test on attorney-fee awards as alimony in solido. As enacted, verbatim: '(1)(A) Alimony in solido, also known as lump sum alimony, is a form of long-term support, the total amount of which is calculable on the date the decree is entered, but which is not designated as transitional alimony. Alimony in solido may be paid in installments if the payments are ordered over a definite period of time and the sum of the alimony to be paid is ascertainable when awarded. The purpose of this form of alimony is to provide financial support to a spouse, to enable the court to equitably divide and distribute marital property, or both. (B) Alimony in solido may be awarded for attorney fees and expenses incurred in connection with the proceedings through the date of the final hearing and any proceedings brought pursuant to Rule 59 of the Tennessee Rules of Civil Procedure. When determining whether attorney fees and expenses should be awarded as alimony in solido, the court shall consider the following: (i) The factors enumerated in subsection (i); (ii) The total amount of attorney fees and expenses incurred and the total amount of attorney fees and expenses paid by each party in connection with the proceedings; (iii) Whether the attorney fees and expenses requested are reasonable under the factors set forth in Rule 1.5 of the Tennessee Rules of Professional Conduct; and (iv) Whether the attorney fees and expenses were necessary.' Source: https://publications.tnsosfiles.com/acts/112/pub/pc0762.pdf. A fourth, smaller point: 2011 Public Chapter 119 s. 3 added a subsection excluding certain retirement-account distributions from income, verbatim: 'Where the lump sum amount of retirement or pension benefits or of balances in an individual retirement account, ss. 401(k), 403(b), 457, compiled in 26 U.S.C. ss. 401(k), 403(b) and 457, respectively, or any other tax qualified account has been considered by the trial court, and determined to be marital property to be divided, the distributions of such lump sum amounts necessary to complete the division of property, whether distributed in a single payment or by periodic payments, shall not be considered income for the purpose of determining a spouse or ex-spouse's right to receive alimony or child support, but the income generated by the investment of such lump sum awards shall be considered income for such purpose.' Source: https://publications.tnsosfiles.com/acts/107/pub/pc0119.pdf. Because that act re-designated subsequent subsections, subsection letters in the current codification after that point differ from the 2005 act as originally passed; do not cite a subsection letter above (i) from this page without checking the codified text.
The tax rule changed, and most guides still describe the old one
For a divorce or separation instrument executed after 31 December 2018, alimony is not deductible by the person paying it and not taxable to the person receiving it. The Tax Cuts and Jobs Act repealed the provisions that made it otherwise. For an instrument executed on or before that date the old treatment continues — deductible to the payer, taxable to the recipient — unless it is later modified and the modification expressly adopts the new rule.
This is not a detail. Under the old rule a higher-rate payer could transfer income to a lower-rate recipient and the two of them shared the saving. That saving no longer exists, which changes what a given number is worth to each side. New Hampshire wrote the point into its own statute: its 23 per cent figure assumes non-deductibility, and reverts to 30 per cent if the federal treatment is ever restored.
Tennessee has no state income tax, so the question of whether the state follows the federal rule does not arise. The federal treatment above is the entire picture. In four states that do levy an income tax — Arkansas, California, New Jersey and New York — it is not. The fifty-state table.
Authority: Tax Cuts and Jobs Act, Pub. L. 115-97, section 11051, repealing Internal Revenue Code sections 71 and 215; see also IRS Publication 504.How far we got, and where we stopped
Tennessee’s code is published under contract by a commercial publisher and is not on any Tennessee state site. The text below was rebuilt from the Secretary of State’s own Public Acts. The General Assembly’s full-text search does not reach its older sessions, so an amendment buried in a bill whose title does not mention alimony would not have been found.
What that means for you: the words above are reliable — every quoted passage came from a source we name and link. What we cannot vouch for is that nothing has changed since, or that the subsection numbering matches what a subscription service would show. If you are citing a section in a filing, check the number against a law library copy. Quote the words with confidence.
The other number that decides your budget
How Tennessee calculates child support, and the overnight count that moves it more than income does.
And the question underneath it
What Tennessee presumes about custody, and what the judge has to weigh.
The rest of what we have written about Tennessee. Every figure is quoted from Tennessee’s own statute or its courts’ own published schedule, and carries the date we last checked it.