Maryville, TN asked in Divorce for Tennessee


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1 Lawyer Answer
John M. Milazo
John M. Milazo
  • Franklin, TN
  • Licensed in Tennessee

A: There are four types of alimony. These are:

1. Transitional Alimony which is used in short-term marriages and intended to help the financially disadvantaged spouse transition into the post-divorce lifestyle. Transitional alimony is not modifiable, but may terminate upon conditions if set by the court such as remarriage or cohabitation. Transitional alimony can be deemed taxable to the recipient and tax-deductible to the payor if stated as such in the decree.

2. Rehabilitative Alimony is intended to improve the earning capacity of the financially disadvantaged spouse. This type of alimony is modifiable after the entry the decree in some cases. This type of alimony is taxable to the recipient and tax-deductible to the payor.

3. Alimony in Solido is a nontaxable and non-modifiable lump sum payment of alimony.

4. Alimony in Futuro is periodic payments of support which are taxable to the recipient and tax-deductible to the payor. This type of alimony is reserved for long term marriages, such as yours, in most cases. Alimony in Futuro may be modified by either party after the final decree in some cases. This type of alimony shall terminate upon the death of other party or remarriage of the recipient.

If you're truly unable to work and your husband has the ability to pay alimony after providing for his basic needs then yes you should be able to collect alimony. Alimony is based upon the need of the less financially advantaged spouse and the ability of the other spouse to provide support. The type of alimony, the a mount and duration as well as tax consequences will depend upon your specific situation. You should Meet with an experienced divorce attorney in your area and they should be able to help you determine what a likely post-divorce scenario would look like in your case. Good luck!

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