Hendersonville Spousal Support Lawyer

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Trusted Spousal Support Attorney in Hendersonville, TN

best hendersonville spousal support lawyer

Spousal support, or alimony, can be awarded during a divorce proceeding to one spouse. Divorce is an incredibly financially draining process, and unfair alimony can worsen the financial strain. Getting the guidance of a Hendersonville spousal support lawyer can help you secure the alimony you deserve, or prevent you from paying more than is reasonable. This greatly preserves your financial well-being in the future.

Hire a Spousal Support Lawyer at Phillips | Ralston

You want an understanding and dedicated legal team during your divorce and alimony case. At Phillips | Ralston, we have decades of experience and over 12 years of experience in family law cases.

A divorce can cause a lot of financial hardship, and alimony has the potential to make the transition afterward much easier for couples in a worse financial situation. It’s important that alimony is fair to both parties, and our team can help you advocate for your interests. We listen to your unique situation and outline how that may impact spousal support calculations. Our attorneys help you make informed choices to reach the ideal outcome for your case.

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Understanding Alimony in Hendersonville

In Tennessee, the divorce rate was 2.9 per 1,000 residents in 2023, compared to 2.4 per 1,000 in the nation. Alimony is awarded when spouses divorce, but it is not awarded in every divorce. The goal of many types of alimony in the state is to mitigate economic disparity between spouses after divorce. Some types of alimony are meant to provide rehabilitative support to a lesser-earning spouse. Getting the right alimony for a fair amount is crucial in these cases.

What Factors Are Considered When Awarding Alimony?

Tennessee courts, like the Sumner County Circuit Court, consider several factors when determining the following:

  • Whether alimony will be awarded
  • The nature of that alimony
  • How much alimony will be
  • The duration of alimony
  • How alimony is paid

The factors that are considered include:

  • Income. The court considers the earning capacity, financial obligations, financial resources, needs, and education and training of both parties. The median household income in Hendersonville in 2024 was $97,200, according to the U.S. Census Bureau, and even higher for married couples.
  • Asset division. The separate assets each couple has, as well as how marital assets were divided during divorce, are considered. The U.S. Census Bureau also reported that Hendersonville had a homeownership rate of 71.7%, and 31% of homes in the area were valued between $500,000 and $999,999.
  • Facts about the marriage. This includes how long the marriage lasted, the standard of living that was established in the marriage, and the tangible or intangible contributions that either spouse made as a homemaker or to support the other spouse’s increased earning power. The court will also consider the fault of either party in their marriage.
  • Facts about each party. This includes each spouse’s age, mental condition, and physical condition.
  • Children. The court also considers custody arrangements, and whether it is an unwanted outcome for a primary custodial parent to seek employment outside the home.

There are other potential factors that will be assessed, like tax consequences of alimony. When you have the support of an attorney, they can help you review these factors and provide the right information to the court.

Creating an Alimony Agreement Outside of Court

The court doesn’t always have to decide on your alimony award, but it does have to approve it. If you and your spouse reach an agreement on alimony, the court will assess if it is fair and make it a court order. That ensures that these agreements can be enforced if the paying party fails to provide support.

Can You Modify Alimony?

You might be able to modify alimony in Tennessee, but it depends on the type of alimony awarded and whether or not there was a change in your financial circumstances or your ex-spouse’s circumstances. An attorney can help you assess your type of alimony and your situation to see if modification is possible.

FAQs

How Is Spousal Support Calculated in Tennessee?

Spousal support in Tennessee is calculated based on several factors, including the income of each spouse, how long the parties were married, how marital property was divided in divorce, the established standard of living in the marriage, and the age of both spouses. There are many other factors that are considered, rather than a set formula. Working with an attorney helps parties assess the right factors and may make alimony more fair.

What Are the Three C’s of Divorce in Tennessee?

The three C’s of divorce are generally compromise, cooperation, and communication. Except in divorces where one party is in danger or has a disadvantage in negotiations, it is often better to get a divorce outside of court. Remembering the three C’s helps this mediated or negotiated divorce go more smoothly, helps parties find common ground, and limits the time and costs of the process. If parties are going to be co-parenting, the three C’s also help with this foundation.

How Can You Avoid Paying Alimony in Tennessee?

You might be able to avoid paying alimony in Tennessee when your spouse does not have a genuine need for financial support, or alimony would not provide equitable financial circumstances for both of you.

There are many factors that are considered to determine if alimony is awarded, like each spouse’s earning capacity, the contributions of each spouse to the other’s education and training for employment, and each party’s physical abilities. The court will determine if alimony is necessary based on these factors.

How Much Is an Average Alimony Check in Tennessee?

Alimony checks in Tennessee vary significantly depending on the financial and personal circumstances of both spouses, and there is no information about the average check that is provided. There are many different types of alimony in Tennessee, and some are paid lump sum while others are paid monthly. When you hire a spousal support lawyer, they can help you understand potential outcomes of an alimony assessment and what you might be able to receive.

Hendersonville Spousal Support Attorney

When you are getting a divorce in Hendersonville, Phillips | Ralston can help you protect your rights and financial interests, including when determining fair alimony. Reach out to our firm today and learn how our experienced team can help.