Is Your Former Spouse Padding Their Expenses to Get Higher Alimony?
Divorce is a difficult time emotionally and can also be financially complex. When one spouse is ordered to pay the divorcing spouse alimony, financial documents and evidence must be prepared, and expenses are considered by the court. When expenses reported are disingenuous however, it presents a problem under Tennessee law, as well as for the spouse paying alimony.
Late last year, Tennessee saw just such a case. Cathy Davis was receiving $4,500 per month from her ex-husband, whom she had been married to for 27 years. Her ex-husband was able to prove that she was padding her expenses, and he was relieved of his alimony payments. After determining that she had no medical proof that she could not work and needed a certain amount of alimony each month, the court reversed the decision, and the ex-husband won the day.
Alimony in Tennessee
Alimony in Tennessee can be paid before and after a divorce. When spousal support is court ordered, the responsible party must pay monthly payments to the receiving spouse. Prior to the completion of divorce, one spouse may receive temporary alimony payments. There is no minimum or maximum amount of time that alimony must be paid in Tennessee. Usually, that decision is left up to the court.
If you are a dependent spouse seeking alimony in Tennessee, or if you are paying alimony and seeking to justify certain expenses you are paying, you will want access to the following documentation about you and/or your current or former spouse:
- Financial documents, including income statements and tax documents
- Bank statements from at least several years prior
- Any investment or savings statements
- Medical documentation if a medical reason for needing alimony is claimed or will be claimed
- List of assets, such as real estate, and valuation of those assets
- Prior legal documents from your marriage or divorce, including any pre- or postnuptial agreements or contracts
- Any other documentation to prove your need for alimony, or your inability to pay it
You will need as much documentation possible. As a rule, most spouses will not have their expenses in order to receive greater alimony, as the disingenuousness will risk their ability to receive alimony at all. Make sure that you have a strong case, and that your spouse is truly not in as much need as they are representing.
If you suspect your former spouse of padding their expenses in order to get a higher alimony rate, you will need expert legal counsel and an advocate in the courts. Work with a Franklin family lawyer to help you navigate the difficult time ahead, as well as someone who will fight for your rights.
At the Law Offices of Adrian H. Altshuler & Associates, we have a long history of working on complex divorce cases and many types of alimony agreements. We can advocate for you and help you better understand your current and future alimony circumstances. When your former spouse isn’t acting in good faith, that’s a problem — and we’re here to help. If you are in need of legal representation for yourself or your family in the Franklin, Brentwood, or Columbia areas, call us at 615-977-9370 or contact us online. We look forward to hearing from you.