Spousal Support Attorney in Gallatin, TN
Divorce is one of the most difficult things a person can experience in life. It’s often full of complex emotions and stress from such a destabilizing event. A knowledgeable Gallatin spousal support lawyer can help take the weight off your shoulders during this challenging time.
Hire a Spousal Support Lawyer That Locals Rely On
The family law attorneys at Phillips | Ralston have been guiding Sumner County clients through Tennessee’s complex legal system for decades. During your confidential consultation, you’ll be able to describe your circumstances in detail, as well as your desired outcome.
Our legal team can offer transparent legal guidance so you can make informed decisions regarding your case in Gallatin. We are passionate about giving our clients the tools they need to take back control of their lives.
Experience You Can Trust. Speak with a Phillips | Ralston
attorney today.
Tennessee Divorce Laws
There was an average of 5,133 divorced Gallatin residents in 2023. While it may feel isolating right now, many residents have gone through this process. After the topic of divorce is broached, researching next steps can help you feel more in control of your situation.
There are some residency requirements that must be fulfilled before being able to file your divorce at the Sumner County Chancery Court, located at 155 East Main Street.
At least one spouse has to have lived in the state for six months before filing. Once a divorce case is filed, you and your spouse can begin to work through your divorce issues. These issues include:
- Property division
- Spousal support
- Child support and child custody
During this time, you’ll want to hire a spousal support lawyer to fight for what is fair. You deserve to have a professional looking out for your interests. Even if you are on good terms with the other spouse, having a Gallatin spousal support attorney to help you is a necessary layer of protection.
How Spousal Support Is Calculated in Tennessee
In Tennessee, when a couple is getting divorced, the court can require one spouse to pay spousal support payments to the other, commonly called alimony.
The court decides the amount and how often it should be paid. This can be weekly, monthly, or an alternative schedule. The court considers many factors when deciding alimony, including:
- Each spouse’s income and resources. In 2023, the average household income in Gallatin was $73,589. This is typically a person’s highest value asset and needs to be protected.
- Each spouse’s education
- Each spouse’s age and health
- Financial contributions to the marriage made by either spouse
- Non-financial contributions, such as caring for the home or raising children. The law considers these contributions just as important as financial contributions.
- The standard of living during the marriage
Spouses can agree on alimony together with final court approval. Once an alimony order is approved by the court, it can be enforced like any other court order. This means that the paying spouse cannot avoid payments.
The Consequences of Failing to Pay Spousal Support
Failing to pay spousal support has severe legal consequences in Tennessee. Courts can enforce alimony orders by:
- Placing the paying spouse in contempt of court
- Seizing income from the paying spouse’s personal assets
- Placing a lien on the paying spouse’s property
- Taking wages from the paying spouse
If you’re struggling to meet your spousal support payments, it’s essential to request a modification to the order as soon as possible. Doing so will help ensure legal compliance.
FAQs
Can a Spousal Support Order Be Modified in Tennessee?
Rehabilitative and long-term alimony can be modified if there is a substantial change in circumstances. These changes can include the loss or change of a job, loss of income, changes in health, disability, and changes in financial needs. Rehabilitative alimony can also be extended if the non-paying spouse can show they have made reasonable efforts to become self-sufficient but have not succeeded. Transitional alimony is usually not changed unless parties agree or the court allows it in the initial order.
How Are Retirement Accounts, Health Insurance, and Life Insurance Handled in a Tennessee Spousal Support Case?
How retirement accounts, health insurance, and life insurance are handled depends on how they were divided during the property division stage of divorce. If retirement accounts are divided as marital property, the payments themselves are not counted as income for alimony purposes. However, any income they generate may be counted. The court can also require one spouse to pay health insurance or life insurance premiums for the other spouse as part of an alimony order.
What Are the Different Types of Alimony in Tennessee?
There are several types of alimony the court can award, depending on the unique circumstances of the couple. Rehabilitative alimony helps a spouse improve their earning ability to support themselves after divorce. Long-term alimony can be awarded if a spouse cannot become self-sufficient. Transitional alimony helps a spouse adjust to the financial changes of divorce for a set period. Lump sum alimony can be awarded for long-term support or to cover legal fees, and isn’t usually changed once set.
What Happens if the Non-Paying Spouse Remarries?
In Tennessee, spousal support can end if the non-paying spouse either remarries or begins living with a new partner. For long-term alimony, payments stop automatically if the recipient marries again. The recipient must notify the paying spouse of their remarriage. If they fail to do so, the paying spouse can recover any support paid after the new marriage. Lump-sum alimony doesn’t end automatically in these situations. The court reviews cases individually to consider whether cohabitation affects the recipient’s financial need.
Are Spousal Support Payments Taxable in Tennessee?
Taxes for alimony payments depend on the year the court order was issued. For alimony agreements made after 2018, the paying spouse cannot deduct alimony, and the non-paying spouse cannot count alimony as income. This also includes any alimony orders made before 2018 that were later modified to remove the deduction. However, orders made before 2018 that weren’t modified can still be deducted for the paying spouse and count as income for the non-paying spouse.
Choose a Trusted Tennessee Law Firm
Contact our office in Gallatin today to schedule your confidential consultation. The attorneys at Phillips | Ralston help Sumner County residents through their most difficult times in life. We can help you, too. Choose our skilled team to fight on your behalf.
