Spousal Support 101: Understanding Alimony in Solido

There are four categories of spousal support in Tennessee; alimony in solido, however, is a bit different from the rest of them. Often called “lump sum” alimony, this form of spousal support is the only one that:

• Can be paid all at once
• Can be paired in addition to other forms of alimony
• Does not stop when the receiver of the alimony dies or remarries
• Cannot be modified

For the most part, this form of spousal support is awarded to rectify any imbalances that an equal split of property might create. For example: if a couple is married for 20 years and one spouse raises the children while the other goes to an outside place of employment, a judge may award a larger amount of money to be paid out of the sale of the house. The spouse ordered to pay can either sell the home in order to give a larger, lump sum payment right then, or can elect to pay the money off in installments. Because alimony in solido is considered a final judgment, the amount cannot change or be dismissed if the support receiver remarries; s/he will still be entitled to the full amount regardless. In cases when the person receiving alimony dies, the rest of the payments would be made to the estate of the deceased. In the example listed above, the children (if they are listed as beneficiaries) would then receive the alimony payments.

Alimony in solido can also be awarded for attorneys’ and legal fees, or to give the disadvantaged spouse a larger share of retirement funds of personal account funds.

The benefits of alimony in solido for the payer

If you are ordered to pay spousal support, there are benefits to in solido payments. First, you have the option to pay it all at once and be done with it. Secondly, if your former spouse dies, those payments are likely to benefit your own children. But the primary benefit to this form of spousal support is that it can never be modified. Because it is considered a final order, the set amount is always the set amount, and is based on what assets you have at the time. Nothing that happens to your monetary benefit after your divorce can be taken into account at a later request for modification. Once you’ve paid the amount of money ordered by the court, you’re finished paying forever. Note, however, that in when alimony in solido is combined with another form of support, the other support may continue for as long as the court sees fit.