AVVO Top Attorney
BBB
Justia Lawyer Rating
Attorneys For Justice
Martindale-Hubbell
SuperLawyers
SuperLawyers
AVVO
AVVO
AVVO
Tennessee Trial Lawyers Association

Articles Posted in Alimony

Gavel pounding moneyIn many marriages, one spouse will be the primary breadwinner. If a couple is happily married, a significant disparity in income is often not a cause for concern, but if the couple decides to divorce, the lesser earning spouse is at a financial disadvantage and may wonder if he or she can afford the cost of an attorney. The law aims to protect the rights of all individuals, even individuals that cannot afford an attorney. Thus, in many divorce cases, the court will order one spouse to pay the other spouse’s legal fees. If you intend to end your marriage, it is in your best interest to consult a skillful Tennessee divorce attorney to discuss whether your spouse may be responsible for your legal fees.

Responsibility for Legal Fees

Like many states, Tennessee follows the “American Rule,” which traditionally requires a party to a lawsuit to pay his or her own attorney’s fees unless a statutory or contractual provision states otherwise. State v. Brown & Williamson Tobacco Corp., 18 S.W.3d 186, 194 (Tenn. 2000). Nevertheless, Tennessee statutory law vests trial courts with the discretion to award one party his or her attorney’s fees in the context of a divorce proceeding, and some trial judges may deem such an award to be a form of alimony. See Tenn. Code Ann. § 36-5-103(c).

Alimony – A Primary Issue in Divorce

Alimony ButtonFor better or worse, nearly half of marriages in the United States end in divorce. Although the exact statistics on divorce fluctuate slightly from year to year and state to state, the residents of Tennessee are no strangers to breaking the bonds of matrimony. Throughout Tennessee, it is widely accepted and understood that issues pertaining to child custody and property division must be decided as part of any divorce. However, another extremely important issue in divorce – the issue of alimony (sometimes referred to as “spousal maintenance” or “spousal support”) – is often less certain or overlooked by parties to a divorce until it is too late, particularly if either or both of the parties have never gone through divorce before or if the divorce is unexpected.

In a broad legal sense, there are five (5) primary issues pertaining to any divorce: (1) grounds for divorce; (2) child custody; (3) child support; (4) equitable distribution of marital property; and (5) alimony. While none of these issues can be considered in isolation, the issue of alimony often predominates throughout divorce. The issue of alimony is the last major issue decided by the trial judge in a Tennessee divorce. Even if the facts of a case strongly indicate that the Court is likely to award one party alimony at the conclusion of the proceeding, vigorous litigation can ensue regarding what form the alimony should take, as well as its amount, duration, and other conditions.

Contact Information