Spousal Support Lawyers - Alimony Attorneys

Franklin, Brentwood & Columbia, TN Spousal Support Attorneys Negotiate for Fair Payments

Skilled representation for spouses who seek and contest spousal support orders

Divorce is a very unsettling process. As unsatisfactory as your marriage may have been, it has been the framework of your life. Dissolving your marriage can create opportunities, but it can also raise doubts. For starters, you’ll need to be able to support yourself. Living separately is much more expensive than living with someone. You’ll likely worry about how you will be able to support yourself after divorce.  Or you may have concerns about your ability to pay for spousal support.

For more than 30 years, the Law Offices of Adrian H. Altshuler & Associates has counseled divorce clients on issues pertaining to alimony and spousal support and many other family matters. We provide valuable legal guidance and effective representation in the negotiation and litigation of fair support payments. Many spouses do reach an agreement as to the terms of a spousal support order. When there is no agreement, we’re skilled at presenting your spousal support requests before a family law judge.

How can we help?

What are the types of alimony/spousal support in Franklin, Tennessee?

The terms “alimony” and “spousal support” are used interchangeably.  Tennessee family law provides for four types of alimony that may be awarded. Generally, alimony is awarded in monthly, bimonthly, weekly, or lump sum amounts.

  • Rehabilitative Alimony. This type of alimony helps a spouse who is disadvantaged economically (compared to the other spouse) obtain the education and experience to earn a living comparable to the standard she/he enjoyed during the marriage or to the standard the stronger economically positioned spouse will have after the divorce. Rehabilitative alimony is usually shorter in duration than other types of alimony. This type of alimony generally ends when either spouse dies, unless the spouses agree to different terms.
  • Alimony in Futuro (also called periodic alimony). Alimony in Futuro may be awarded if the court finds that one spouse is economically disadvantaged and rehabilitation is not feasible (for example if the recipient spouse is disabled or too old to acquire new job skills). This type of long-term alimony can be “increased, decreased, terminated, extended, or otherwise modified, upon a showing of substantial and material changes in circumstances.” A common reason for seeking a modification of alimony in futuro is if the recipient lives with a third person. This type of alimony ends on the death of the recipient or the remarriage of the recipient. Alimony in futuro also ends if the payor dies, unless other arrangements were made.
  • Transitional Alimony. This type of alimony may be entered if there are children and one spouse is the primary custodial parent. Transitional alimony is paid for a definite period of time. The alimony is awarded to help the economically disadvantaged spouse adjust to the “divorce, legal separation or other proceeding where spousal support may be awarded,” such as a petition for a protective order. Transitional alimony cannot be changed unless the parties agreed or due to a protective order. Generally, if the recipient lives with a third person, there is a rebuttable presumption that no further transitional alimony is required. Normally, the death of either spouse ends the duty to pay transitional alimony.
  • Alimony in Solido. This type of alimony is usually paid in installments or even in a lump-sum payment. This type of support is often used to help balance a lopsided property division order. It may be used to pay attorney fees. Generally, this type of award is not modifiable and doesn’t terminate on the death or remarriage of either spouse.

What factors determine the amount of alimony/spousal support?

Family court judges review each spousal support dispute based on a variety of factors that mostly focus on the financial needs of one spouse and the ability of the other spouse to pay spousal support. The statutory factors that are considered per law include:

  • “The relative earning capacity, obligations, needs, and financial resources of each party, including income from pension, profit sharing or retirement plans and all other sources.”
  • The education and training levels of each spouse and the ability to obtain education and training.
  • How long the spouses were married.
  • The physical and mental health of the spouses.
  • Whether obtaining work outside the home would not be in the best interests of a minor child.
  • The relative assets of the spouses.
  • The terms of any property division order.
  • The standard of living of the spouses while they were married.
  • The contributions (monetary, homemaker, tangible, and intangible) of the spouses such as when a spouse sacrifices a career to raise the minor children.
  • “The relative fault of the parties, in cases where the court, in its discretion, deems it appropriate to do so.”
  • Tax consequences and other equitable factors.

Is alimony taxable or tax deductible?

The Law Offices of Adrian H. Altshuler & Associates understand how the current tax laws affect alimony orders and agreements. Generally, after 2018, the recipient does not pay federal income taxes on alimony payments and the payor cannot deduct alimony payments. We’ll explain the tax consequences if your agreement was prior to 2018 and you’re still receiving or paying alimony.

How could a prenuptial agreement affect your spousal support order?

A prenuptial or postnuptial agreement may stipulate spousal support payments in the event of divorce. If you feel you cannot live on the amount of alimony stipulated, you must make a case to the court to invalidate the agreement. Generally, you must prove that you signed under duress, that the other party committed fraud in the formation of the agreement, or that the agreement is so one-sided as to be unconscionable. Our Franklin family lawyer will evaluate your particular circumstances.

Prenuptial and postnuptial agreements may also be used to determine the division of marital property. These pre-divorce agreements cannot be used to determine child custody or child support.

Do you negotiate spousal support settlements?

At Adrian H. Altshuler & Associates, we are skilled at negotiating spousal support agreements and agreements for the other parts of your divorce too. If your spouse refuses to enter into a just agreement, we skillfully and persuasively show the strength of each factor that supports your claim for alimony. We review with you the questions that you’ll likely be asked if it’s necessary to ask a family judge to decide what type and how much alimony you receive.

Do you have a spousal support lawyer near me?

The Law Offices of Adrian H. Altshuler & Associates has three locations in Middle Tennessee. We meet spouses in person. We may also meet you by video conference by appointment.

  • Franklin Office: 219 3rd Ave N
  • Columbia Office: 604 N High St
  • Brentwood Office: 1616 Westgate Cir #363

For 30 years, we’ve helped spouses obtain just alimony orders and payment obligations.

Contact a knowledgeable spousal support lawyer in Tennessee

The Law Offices of Adrian H. Altshuler & Associates serve Williamson County and Central Tennessee. For reliable legal guidance on spousal support matters, call our family lawyers in Franklin, Columbia, and Brentwood. We’ll explain and review each factor that determines whether spousal support can be granted and the terms of any order. While most spousal support disputes do settle, we are ready to litigate your interests before a family law judge if necessary. You can also schedule a free initial consultation by calling us or completing our convenient contact form.