Unlike a child support determination, which involves a mathematical formula, there is no simple calculation for determining alimony. A trial court’s decision regarding alimony, is factually driven and involves the careful balancing of many factors. Gonsewski v. Gonsewski, 350 S.W.3d 99, 105 (Tenn. 2011).
The factors used in determining the nature, amount and duration of alimony payments, are codified in Tenn. Code Ann. 36-5-121(i)(1)-(12) as follows:
- The earning capacity, obligations, needs, and financial resources of each party, including income from pension, profit sharing or retirement plans and other sources;
- The education and training of each party, the ability and opportunity of each party to secure such education and training, and the necessity of a party to secure further education and training to improve such party’s earning capacity to a reasonable level;
- The duration of the marriage;
- The age and mental condition of each party;
- The physical condition of each party; including, but not limited to, physical disability or incapacity due to a chronic debilitating disease;
- The extent to which it would be undesirable for a party to seek employment outside the home because such party will be custodian of a minor child of the marriage;
- The separate assets of each party, both real and personal, tangible and intangible;
- The provisions made with regard to the marital property as defined in § 36-4-121;
- The standard of living of the parties established during the marriage;
- Each party’s contributions to the marriage, both monetary and homemaker contributions, and contributions by a party to the education, training or increased earning power of the other party;
- The relative fault of the parties in cases where the court, in its discretion, deems it appropriate to do so; and,
- Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.
TENN. CODE ANN. § 36-5-121(i)(1)-(12). Of these factors, “the two that are considered the most important are the disadvantaged spouse’s need and the obligor spouse’s ability to pay.” Gonsewski, 350 S.W.3d at 110 (quoting Riggs v. Riggs, 250 S.W.3d 453, 457 (Tenn. Ct. App. 2007)).
Although each of these factors must be considered when relevant to the parties’ circumstances, the trial court is given great discretion in the decision of whether spousal support is needed and, if so, the nature, amount, and duration of the award. If you have questions about whether you or your spouse are entitled to alimony, and need legal assistance from an experienced divorce attorney, give our office a call.
