Periodic (in futuro) alimony automatically ends when the recipient spouse remarries, but the recipient spouse’s remarriage does not affect the amount of lump sum (in solido) alimony, and the paying spouse’s remarriage does not affect the alimony obligations.
In Tennessee, every divorce is unique. Most couples decide on the terms of their marital dissolution agreement (MDA) during mediation, and the judge simply signs off on it; the MDA includes the division of marital property and may or may not include alimony. When divorce cases go to trial, the court prefers to disentangle the spouses’ finances from each other as much as possible, so when there is a way to divide the marital property without the wealthier spouse paying alimony, then it may choose this option. When one spouse genuinely needs alimony, and the other is able to pay it, the court might order you to pay alimony as a lump sum or for a certain amount. Whether alimony automatically ends when the recipient spouse remarries or cohabitates with a domestic partner depends on what kind of alimony the court has ordered. A Murfreesborodivorce lawyer can help you and your ex-spouse resolve conflicts over alimony.
Different Types of Alimony in Tennessee
Tennessee law recognizes the following types of alimony:
- Lump sum alimony (also known asin solido alimony) – the wealthier spouse must pay a set amount, either as a lump sum or in installments
- Rehabilitative alimony – this alimony has a set duration (usually less than five years) and is designed to pay for the recipient spouse’s training for a professional qualification and reentry into the workforce
- Transitional alimony – monthly alimony payments of short duration, usually not exceeding five years
- Periodic alimony (also known as in future alimony) – These are monthly payments to account for the spouses’ discrepancies in earning capacity. They usually have an end date, but for very long marriages, they can be permanent
Your Ex-Spouse’s Remarriage Only Sometimes Affects Your Alimony Obligations
Periodic alimony automatically terminates when the recipient spouse remarries. This provision may be added to terminate transitional alimony which is otherwise non-modifiable. You can also petition the court to terminate your modifiable alimony obligations early if your ex is in a financially supportive relationship with a new partner, even if they are not legally married. (For example, you can make a strong case for terminating your alimony if your ex and her boyfriend live together and .) Remarriage of the recipient spouse does not automatically terminate in solido alimony obligations or transitional alimony obligations. If the wealthier spouse remarries, this does not change his obligation to pay periodic or in solido alimony to his ex-spouse if the court has ordered this. Your MDA might also contain additional details about circumstances that would or would not cause the automatic termination of alimony obligations.
Contact David L. Scott About Modifying or Terminating Alimony
Conflict with your ex about money does not always end as soon as the divorce becomes final. Contact David L. Scott in Murfreesboro, Tennessee, or call (615)896-7656 to set up a consultation.
