The Tennessee Supreme Court will soon issue an opinion clarifying when, and if, lifetime alimony payments can be awarded. Currently there are no guidelines for a court to issue lifetime alimony, and it is up to a judge's sole discretion to determine when alimony - including lifetime alimony - is appropriate.
The potential change in the law came about because of the divorce of Johanna and Craig Gonsewski, who began the divorce process in 2007. Johanna and Craig both worked, but Craig had the larger salary. Initially, because Johanna made enough money to support herself, the county court ruled that Craig would not need to pay any alimony. The Tennessee Court of Appeals, however, unanimously overturned that ruling and mandated Craig pay alimony of $1,250 a month for life or until Johanna remarried. Craig appealed, and the state Supreme Court took the case. They heard oral arguments in June and will soon issue an opinion that will help to illuminate this otherwise underdeveloped aspect of Tennessee family law.
Alimony and Spousal Support
The purpose of alimony is to allow the lesser-earning spouse to have as similar a financial situation post-divorce as possible. To that end, to obtain support it doesn't necessarily mean that an ex-spouse must be a stay-at-home parent or be unemployable. For Johanna Gonsewski, it isn't even that she has limited future employability. Her job would allow her to support herself, just not as comfortably as she was when married.
Current Alimony Laws
Many states have guidelines for setting spousal support, and some states actually have a mathematical formula for temporary alimony payments. In addition, some states disallow lifetime alimony payments. Tennessee, however, has neither guidelines nor restrictions against lifetime alimony. Therefore, each judge presiding over a divorce has a significant amount of leeway to decide what alimony is fair, if any, and for how long the payments should last.
An Experienced Family Law Attorney Is Essential
Either way the court decides, alimony laws in Tennessee will be affected. The ruling will be significant, as Tennessee's highest court rarely becomes involved in domestic cases.
If you are considering filing for a divorce, contact a family law attorney who can explain current Tennessee law involving alimony and other aspects of divorce.
