Could I still get alimony if I have prenuptial agreement?
02/08/2007 - Category:Divorce - Separation Agreements - State: TN #586
I have a prenuptial agreement. I have been married one year and three months after having dated this man over ten years. Since we have been married, he has been mentally abusive to me and threatened a divorce and to kick me out of his home numerous times. What are my odds of getting alimony if I file for a divorce? The prenuptial agreement never mentions alimony. It only refers to his retirement.
Courts look at a prenuptial agreement as a contract and will uphold the contract even if it may not be totally equal.; If the agreement does not refer to alimony, it would appear that the standard laws regarding alimony in Tennessee would be followed.
Alimony is a payment from one spouse to another. There are different reasons a court may order alimony to be paid. First, as in the case of a longer marriage, alimony may continue support as during the marriage. This is called alimony in futuro, or periodic alimony. Another reason is to help a spouse become rehabilitated, possibly assisting a spouse to return to school to increase his or her earning capacity. This is called rehabilitative alimony.
Finally, the court may allow one spouse to pay money over time to make up for an imbalance in property division. This is called alimony in solido, or lump sum alimony. There are no formulas. Tennessee law expresses a preference for alimony to be temporary and rehabilitative. If alimony is not received at the time of the divorce, it cannot be obtained later.
What factors does the court consider?
a. The relative earning capacity, obligations, needs, and financial resources of each party, including income from pension, profit-sharing or retirement plans and all other sources;
b. The relative education and training of each party, the ability and opportunity of each party to secure such education and training, and the necessity of a party to secure further education and training to improve such party's earning capacity to a reasonable level;
c. The duration of the marriage;
d. The age and mental condition of each party;
e. The physical condition of each party, including, but not limited to, physical disability or incapacity due to a chronic, debilitating disease;
f. The extent to which it would be undesirable for a party to seek employment outside the home because such party will be custodian of a minor child of the marriage;
g. The separate assets of each party, both real and personal, tangible and intangible;
h. Marital property division;
i. The standard of living of the parties established during the marriage;
j. The extent to which each party has made such tangible and intangible contributions to the marriage as monetary and homemaker contributions, and tangible and intangible contributions by a party to the education, training or increased earning power of the other party;
k. The relative fault (who is more to blame) of the parties in cases where the court, in its discretion, deems it appropriate to do so; and
l. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.
Can a spouse be awarded temporary alimony during the pendency of the divorce proceeding?
While the divorce is proceeding, temporary alimony may be awarded. This is accomplished by a hearing on a motion for pendente lite support. Child support and attorney's fees may also be determined. The temporary order ends when the final judgment for divorce is entered.
How is the amount of temporary alimony determined?
With regard to a temporary alimony award, there is no precise formula. The court will use its discretion, considering the ability of one party to pay and the present needs of the party to whom the temporary alimony is to be paid. The court will look closely at the standard of living of the parties at the time of separation.
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02/08/2007 - Category: Separation Agreements - State: TN #586
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