How Do Courts Calculate Alimony and Spousal Maintenance?
Oct. 15, 2025
When a marriage comes to an end, the financial implications can feel overwhelming. One of the most pressing concerns is how much support, if any, one spouse may need to provide to the other. Alimony, often referred to as spousal maintenance in Tennessee, is designed to balance economic fairness between spouses after divorce.
Many clients feel anxious about whether they’ll receive enough to support themselves or if they’ll be asked to pay more than they can handle. These concerns are real, and finding clarity in how courts make these decisions can provide peace of mind.
At McCarter | East PLLC, we work closely with individuals facing family law matters in Murfreesboro and Woodbury, Tennessee, and throughout surrounding communities. Our Murfreesboro office, just two or three blocks from the courthouse, offers convenient access for clients dealing with divorce, custody, or alimony hearings.
We handle cases across family law, criminal defense, civil litigation, business law, and estate planning. Reach out to us today to talk about your case and how we can help.
What Alimony Means in Tennessee
Alimony, or spousal maintenance, refers to financial support that one spouse pays to the other after a divorce. The purpose is to reduce unfair economic effects by providing a continuing income to a spouse who either gave up career opportunities during the marriage or who otherwise can’t immediately support themselves at the same standard of living.
There are different forms of alimony in Tennessee, and courts carefully consider which one applies to a given situation.
Rehabilitative alimony: Paid to help a spouse reenter the workforce or gain additional education or training.
Transitional alimony: Short-term support to assist a spouse adjusting to life after divorce.
Periodic alimony (alimony in futuro): Ongoing support when one spouse is unlikely to achieve self-sufficiency.
Lump sum alimony (alimony in solido): A fixed amount, often used to divide property or offset an imbalance.
Each type serves a specific purpose. The choice of alimony type often determines how long payments last, how they can be modified, and whether they end at remarriage or death. This initial classification is one of the first steps a court makes in deciding spousal maintenance.
Factors Tennessee Courts Consider
Tennessee law outlines a series of statutory factors courts must evaluate before deciding on alimony. These factors help judges tailor their decision to the couple’s specific circumstances.
Relative earning capacity: Courts look at each spouse’s ability to earn income, both now and in the future.
Education and training: Whether a spouse needs additional education or job skills to support themselves.
Duration of marriage: Longer marriages often lead to greater financial interdependence.
Age and health: Courts consider physical, mental, and emotional conditions that affect earning potential.
Standard of living during marriage: The lifestyle established while married is a baseline for consideration.
Contributions to the marriage: Non-financial contributions, such as homemaking or supporting a spouse’s career, carry weight.
Separate assets and property division: What each spouse receives in the property division may reduce or increase the need for alimony.
Custody of children: If one spouse is the primary caregiver, their ability to work outside the home may be limited.
Fault in divorce: Tennessee allows fault to influence alimony decisions in some cases.
While every factor is important, Tennessee courts often place the greatest emphasis on the paying spouse's ability to provide support and the receiving spouse’s financial need.
How Courts Determine Amount and Duration
Courts in Tennessee don’t follow a strict formula for alimony like they do for child support. Instead, judges balance the statutory factors with the practical realities of each case. The process involves looking closely at budgets, incomes, and lifestyle needs. Judges often ask questions such as:
What’s the minimum amount the receiving spouse needs to maintain a reasonable lifestyle?
What’s the maximum amount the paying spouse can realistically contribute?
How long will it reasonably take for the receiving spouse to become financially independent, if at all?
The answers to these questions influence both the amount and duration of alimony. For example, a spouse seeking further education might receive rehabilitative alimony for the expected length of schooling.
In addition, courts typically review financial affidavits submitted by both parties. These documents list income, expenses, debts, and assets. Judges use this information to decide what level of support is fair without leaving either spouse destitute.
Modifications and Terminations of Alimony
Once alimony is ordered, the question becomes whether it can be modified or terminated. Tennessee law provides rules for these situations.
Change in circumstances: A substantial and material change—such as job loss, disability, or a significant income increase—may justify modifying alimony.
Remarriage or cohabitation: Transitional and periodic alimony typically end if the receiving spouse remarries or begins living with a new partner.
Expiration of term: Rehabilitative and transitional alimony usually expires at a specific time unless extended by the court.
Death of either spouse: Most alimony types end upon death, except for lump sum alimony.
It’s important to remember that not all alimony orders can be modified. Lump sum alimony, for example, is fixed and can’t be changed once ordered. Because of this, clients should understand the terms of their alimony before agreeing to any settlement or proceeding to trial.
Common Misconceptions About Alimony
Many people enter divorce proceedings with misconceptions about alimony. Clearing up these misunderstandings can help clients set realistic expectations.
“Alimony is automatic.” It’s not. Courts award it based on need and ability to pay, not simply because a marriage ended.
“Only women receive alimony.” Either spouse can request it, and courts don’t consider gender in their decision.
“Alimony lasts forever.” Most alimony in Tennessee is temporary and ends after a specific period or upon remarriage.
“Fault doesn’t matter.” In Tennessee, fault can still play a role in deciding whether to award alimony and in what amount.
“Alimony is tax-deductible.” For divorces finalized after 2019, alimony payments are no longer deductible for the payer or taxable for the recipient under federal law.
By addressing these misconceptions early with one of our family law attorneys at McCarter | East PLLC, clients are better prepared for the legal and financial realities they may face. This understanding also helps reduce unnecessary stress throughout the process.
Practical Tips for Clients Facing Alimony Issues
Clients often feel uncertain about what steps to take when alimony is a possibility. The following tips can help prepare for the process:
Gather financial documents: Income statements, tax returns, bank statements, and expense records are essential.
Consider long-term goals: Think about future education, career plans, and lifestyle adjustments that might affect financial needs.
Prepare a realistic budget: Courts look favorably on practical and well-documented requests.
Avoid unnecessary conflict: Cooperation, where possible, can reduce stress and sometimes produce better outcomes.
Work with experienced counsel: Having someone familiar with Tennessee alimony law is critical to protecting your rights.
These steps put clients in a stronger position to advocate for fair treatment. They also provide the clarity needed to make sound decisions during what’s often a stressful time.
Why Legal Guidance Matters
Alimony cases often carry both financial and emotional weight. For the paying spouse, it can mean years of financial obligations. For the receiving spouse, it can mean stability after years of dependence. Because so much is at stake, having skilled legal guidance from a family law attorney is critical.
An attorney familiar with Tennessee courts can present evidence effectively, frame arguments around statutory factors, and negotiate settlements that reflect fairness. A lawyer can also help enforce or modify existing orders when life circumstances change.
At McCarter | East PLLC, we’re committed to helping clients in Murfreesboro, Woodbury, and across Tennessee work through family law matters with clarity and compassion. Our Murfreesboro office’s proximity to the courthouse makes us accessible and responsive in urgent situations, and our family law attorneys are ready to represent clients with the dedication these cases demand.
Contact An Experienced Lawyer
Alimony and spousal maintenance decisions can affect your financial future for years to come. Courts weigh multiple factors, and outcomes vary depending on individual circumstances. With so much on the line, it’s important to approach the process prepared and informed.
At McCarter | East PLLC, our practice includes family law, criminal defense, civil litigation, business law, and estate planning, giving us the perspective to handle a wide range of client needs.
Our family law attorneys are here to guide you through your alimony concerns with clarity and care. Reach out to us today to schedule a consultation and discuss how we can help you move forward.