Alimony Attorney in Memphis, Tennessee

Divorce brings a wave of change, emotionally, legally, and financially. If you’re concerned about how spousal support will affect your future, you’re not alone. Whether you're worried about making ends meet or being asked to provide support, alimony can quickly become one of the most stressful parts of the process. You deserve clarity, protection, and a strategy that reflects your unique situation.

At the Law & Mediation Office of Sarah Turner in Memphis, Tennessee, we’ve spent decades helping individuals across Tennessee find solutions they can live with. Our firm is known for its thoughtful, client-centered approach to family law. We work one-on-one with you to understand your needs, whether you're pursuing or opposing alimony, and we guide you through every legal step with care and confidence.

We know that no two families—or financial lives—are the same, and we tailor our strategy to reflect yours. If you're facing an alimony issue or anticipating one, now is the time to get sound legal advice. Contact us today to schedule a confidential consultation and take the first step toward protecting your financial future.

Types of Alimony Recognized in Tennessee

Tennessee courts recognize four main types of spousal support, each serving a distinct purpose. Which type is awarded will depend on the unique circumstances of the case.

• Rehabilitative alimony: This is intended to support a lower-earning spouse while they gain the education, training, or experience needed to become self-supporting.

• Transitional alimony: Short-term support granted when one party needs time to adjust to the economic consequences of divorce but doesn’t require rehabilitation.

• Alimony in futuro (periodic alimony): Ongoing support awarded when one spouse is unlikely to become financially independent due to age, health, or other long-term factors.

• Alimony in solido (lump-sum alimony): A fixed amount of support, often used to equalize property distribution or settle outstanding debts.

Each form of alimony comes with different expectations and termination rules. A well-informed approach is necessary to help both parties understand how their settlement or judgment will affect future finances.

Key Factors Courts Consider When Awarding Alimony

Tennessee law doesn’t use a formula to calculate spousal support. Instead, courts use a balancing test based on the needs of the recipient and the ability of the paying party to contribute.

Important factors include:

• Length of the marriage: Longer marriages often lead to more substantial or long-term alimony awards.

• Earning capacity: Courts assess each spouse’s ability to earn income, both currently and in the future.

• Standard of living during the marriage: Judges attempt to maintain a degree of financial continuity when possible.

• Age and health: Medical needs and retirement readiness can affect the duration and amount of alimony.

• Education and employability: The time and cost required for retraining may be considered when setting rehabilitative alimony.

• Fault in the breakdown of the marriage: While Tennessee is a no-fault divorce state, courts may consider marital misconduct, particularly in long-term relationships.

At the Law & Mediation Office of Sarah Turner, we help clients present this information clearly and thoroughly, using documentation and legal arguments that reflect the full context of the relationship.

Modifying or Terminating an Existing Alimony Order

Life circumstances change, and Tennessee law allows for the modification or termination of certain alimony arrangements. However, not all types are subject to revision. Transitional alimony and alimony in solido, for example, are usually not modifiable. Whereas, alimony in futuro and rehabilitative alimony may be reviewed and modified if there’s a substantial and material change in circumstances of either spouse.

Situations that may justify a modification include:

• Loss of employment or significant income change

• Retirement

• Remarriage or cohabitation of the recipient

• Serious illness or disability

The burden of proof falls on the party requesting the change. A skilled attorney can help demonstrate how current conditions differ from those considered during the original order and why a new arrangement is warranted.

Tax Treatment of Alimony

The federal tax laws related to alimony changed significantly under the Tax Cuts and Jobs Act. For divorces finalized after January 1, 2019:

• Alimony payments are no longer deductible for the paying spouse

• Recipients do not report alimony as taxable income

For divorces entered before that date, the old tax rules may still apply. It’s important to review any agreements or court orders with a legal professional to confirm how tax rules affect support obligations.

When creating a support plan, understanding how spousal support affects state and federal taxes can influence negotiations and long-term planning.

Spousal Support in Mediation or Settlement Agreements

Many couples resolve alimony matters outside of court through mediation or the collaborative process. In these settings, the parties agree on the terms of support with the help of attorneys or a neutral third party. The benefit of this approach is flexibility. Couples can create support agreements that reflect their specific values, concerns, and goals.

Topics commonly addressed in mediated alimony agreements include:

• Duration of payments

• Amount and payment schedule

• Waiver of future modifications

• Contingencies for remarriage, retirement, or relocation

Attorney Sarah Turner’s practice includes a strong focus on mediation, helping clients find amicable solutions that avoid litigation and preserve their autonomy. She encourages clear, comprehensive agreements that reduce future conflict and increase compliance.

Protecting the Interests of High-Income or Self-Employed Individuals

Alimony disputes can be especially challenging when one or both spouses own a business or earn income from nontraditional sources. Determining someone’s true income may require forensic review, expert testimony, or detailed financial records.

Issues that frequently arise include:

• Unreported or irregular income

• Valuation of business interests

• Stock options or deferred compensation

• Personal expenses paid through a business

In these cases, we work with financial professionals to prepare or challenge alimony requests based on accurate economic information.

What to Expect When Filing for Alimony in Tennessee

The process of requesting or contesting alimony follows the broader timeline of a divorce. Typically, the issue is raised in the initial divorce complaint or response. If temporary support is needed, a party may request a hearing early in the proceedings.

These four steps are often involved:

1. Initial filing: One party requests alimony in the divorce complaint.

2. Financial disclosures: Both spouses exchange income, assets, and debt information.

3. Negotiation or mediation: Spouses attempt to reach an agreement through their attorneys or with the help of a mediator.

4. Court hearing or trial: If no agreement is reached, the judge decides the amount and type of alimony.

Throughout this process, clear documentation is key. Bank statements, tax returns, work history, and future needs should all be compiled early. Legal representation can be vital in presenting this material effectively.

Common Myths About Alimony in Tennessee

Misunderstandings about spousal support are common. Some believe it’s automatic or always indefinite, while others fear they’ll be left without recourse.

Here are some frequent misconceptions:

• Alimony is always awarded in divorce: Not true. It depends on the needs of one spouse and the other’s ability to pay.

• Only women receive alimony: Not true. Both men and women may request and receive support.

• Alimony is forever: Not true. The duration depends on the circumstances. Many awards are temporary.

• Misconduct always leads to payments: Not true. Marital fault may influence awards but doesn’t automatically result in support.

• You have to be married a certain amount of time before your spouse can receive alimony: Not true. While the length of the marriage is a consideration when determining whether to award alimony to either spouse, there is no amount of time you must be married in order qualify for alimony.

Clearing up these myths helps both parties approach the process with realistic expectations.