Tennessee Alimony Laws: The Four Types of Spousal Support (2026)

Tennessee recognizes four distinct types of alimony under Tenn. Code Ann. section 36-5-121, with rehabilitative alimony the legislatively preferred form. Courts have full discretion and apply no formula; the two most important considerations are the disadvantaged spouse's need and the other spouse's ability to pay.

Information last verified on June 1, 2026.

Estimate your situation: Try our free Tennessee alimony calculator to estimate spousal support and see the factors a Tennessee court weighs.

What is alimony in Tennessee?

Alimony (also called spousal support or spousal maintenance) is a court-ordered payment from one spouse to the other following a divorce or legal separation. Tennessee courts may award alimony as part of a final divorce decree or through a separate order during the pendency of the case (called pendente lite support).

The governing statute is Tenn. Code Ann. section 36-5-121. The statute reflects the General Assembly's intent that a spouse who is economically disadvantaged relative to the other spouse be rehabilitated, wherever possible, rather than placed on indefinite support. Where rehabilitation is not feasible, the statute permits long-term or permanent support.

Alimony is separate from the division of marital property and from child support, though courts may consider property awards when setting alimony. A party seeking alimony must demonstrate a need for support, and the other party must have the ability to pay. Without both findings, a court will not award alimony regardless of the length of the marriage.

The four types of alimony in Tennessee

Tenn. Code Ann. section 36-5-121 creates four distinct classes of spousal support. Courts may award one type or a combination of types depending on the facts of the case.

Rehabilitative alimony

Rehabilitative alimony is the type Tennessee's General Assembly explicitly prefers. The statute's stated purpose is to allow an economically disadvantaged spouse to obtain education, training, or work experience to achieve a standard of living comparable to the one established during the marriage, or to achieve a reasonable standard of living under the circumstances.

Rehabilitative alimony is temporary by design. It runs for the period a court determines is necessary for the recipient to reach a state of self-sufficiency. In practice, awards often run for two to five years, covering the time needed to complete a degree, obtain certification, or re-enter the workforce after an absence.

Key rules:

• Terminates on the recipient's death
• Remains modifiable if circumstances change substantially
• Does not automatically terminate on remarriage (modification or termination requires a court order)

Because the General Assembly has stated its preference for this type, courts start the analysis by asking whether rehabilitation is possible before considering other forms of support.

Alimony in futuro (periodic alimony)

Alimony in futuro provides ongoing periodic payments, typically monthly, for an indefinite period. Courts award this type when they find that rehabilitation is not feasible because of age, health, disability, or other factors that prevent the recipient from achieving self-sufficiency. It is the closest equivalent to what many people call "permanent alimony."

Long marriages where one spouse has been out of the workforce for many years, or cases involving a spouse with a serious health condition, are the most common contexts for alimony in futuro awards.

Key rules:

• Terminates automatically on the death of either party
• Terminates automatically on the remarriage of the recipient
• Subject to a rebuttable presumption of reduced need upon the recipient's cohabitation with a third person (see below)
• Modifiable upon a substantial and material change in circumstances

Transitional alimony

Transitional alimony occupies the middle ground between rehabilitative alimony and alimony in futuro. Courts award it when a spouse does not need to be rehabilitated (for example, the spouse is already employed or has marketable skills) but still needs time and financial support to adjust to the economic consequences of the divorce.

The focus is adjustment rather than skill-building. Transitional alimony might cover the period needed to find housing, settle into a new financial situation, or bridge a temporary income gap immediately after divorce.

Key rules:

• Set for a defined term by the court
• Generally nonmodifiable as to duration unless the parties agree or specific circumstances apply
• Subject to a rebuttable presumption of reduced need upon the recipient's cohabitation with a third person

Alimony in solido (lump sum alimony)

Alimony in solido is a fixed total amount payable either in a single payment or in installments over a definite period. Courts frequently use this type to address the economic consequences of property division, to fund the payment of attorney fees, or to accomplish a clean financial break between the parties.

Because the total obligation is fixed at the time of the award, alimony in solido is the most stable form for planning purposes.

Key rules:

• Not modifiable once ordered, except by agreement of the parties
• Survives the death of either party (the obligation passes to the estate) unless the court provides otherwise
• Survives the remarriage of the recipient
• Does not carry a cohabitation presumption because it is not need-based in an ongoing sense

How Tennessee courts decide alimony

The 12 statutory factors

Tenn. Code Ann. section 36-5-121(i) requires courts to consider 12 factors before making an alimony award. No single factor controls the outcome, and courts have broad discretion to weigh them according to the facts of each case. The 12 factors are:

1. The relative earning capacity, obligations, needs, and financial resources of each party, including income from pension, profit sharing, or retirement plans
2. The relative education and training of each party, the ability and opportunity of each party to secure education and training, and the necessity of a party to secure further education or training to improve earning capacity
3. The duration of the marriage
4. The age and mental condition of each party
5. The physical condition of each party, including any physical disability or incapacity due to a chronic debilitating disease
6. The extent to which it would be undesirable for a party to seek employment outside the home because of that party being the custodian of a minor child
7. The separate assets of each party, both real and personal, tangible and intangible
8. The provisions made with regard to the marital property under Tenn. Code Ann. section 36-4-121
9. The standard of living of the parties established during the marriage
10. The extent to which each party has made tangible and intangible contributions to the marriage, including contributions as a homemaker, wage earner, or parent and contributions to the education, training, or increased earning power of the other party
11. The relative fault of the parties in cases where the court determines fault is relevant
12. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties

Need and ability to pay are paramount

Although all 12 factors matter, Tennessee courts and the Alimony Bench Book published by the Tennessee Bar Association consistently identify the disadvantaged spouse's need and the obligor spouse's ability to pay as the two most critical considerations. Courts may consider all of the remaining factors to calibrate the type, amount, and duration of the award, but without demonstrable need and demonstrable ability to pay, an alimony award is difficult to sustain on appeal.

No formula applies

Tennessee has no statutory formula for calculating alimony. There is no percentage-of-income rule, no guideline table, and no presumptive duration tied to the length of the marriage. Every award is the product of the court's equitable judgment applied to the specific facts, which is why outcomes can vary significantly from case to case even in marriages of similar length and similar income disparity.

How long alimony lasts and when it ends

Termination events for alimony in futuro

Alimony in futuro terminates automatically by operation of law when:

• The recipient dies
• The recipient remarries
• The paying party dies

When any of those events occurs, the obligation ends without a court order being required. The paying spouse or the estate simply stops paying. If payments have already been made after a termination event, a court may address recovery, but the legal obligation ceased at the moment the event occurred.

The cohabitation rebuttable presumption

Tennessee law creates a rebuttable presumption that reduces or suspends alimony in futuro and transitional alimony when the recipient cohabits with a third person. Under Tenn. Code Ann. section 36-5-121, when the recipient of alimony lives with a third person, a rebuttable presumption arises that one of two conditions exists: either the third person is contributing to the recipient's support (so the recipient needs less alimony), or the recipient is supporting the third person out of the alimony payments (which also diminishes the demonstrated need).

Key points about the presumption:

• It is a rebuttable presumption, not an automatic termination. The recipient can present evidence to show that cohabitation has not reduced the need for support.
• The remedy under the statute is suspension of alimony, not permanent termination. A court that suspends alimony may reinstate it if the cohabitation ends and need is re-established.
• The paying spouse must petition the court to trigger the presumption; alimony does not stop automatically the moment cohabitation begins.
• The presumption applies to alimony in futuro and transitional alimony. Alimony in solido, being a fixed obligation, does not carry this presumption.

Modification of ongoing alimony

Alimony in futuro and rehabilitative alimony remain modifiable upon a showing of a substantial and material change in circumstances that was not anticipated at the time of the original award. Examples include a significant change in either party's income, job loss, serious illness, or retirement.

Transitional alimony is generally nonmodifiable as to duration. Alimony in solido is nonmodifiable except by agreement. Courts apply a high bar to modification requests, and the change in circumstances must be substantial, not merely inconvenient.

Modification versus termination

Modification reduces the amount or changes the terms of an alimony obligation. Termination ends it entirely. Courts treat the two remedies differently, and a party seeking termination generally bears a heavier burden than a party seeking a reduction. When the cohabitation presumption applies, the default remedy is suspension of alimony pending further proceedings, not immediate permanent termination.

Is alimony taxable, and how it differs from Tennessee child support

Federal tax treatment

The federal Tax Cuts and Jobs Act (TCJA) changed the tax treatment of alimony for agreements signed after December 31, 2018. Under current federal rules, which apply to nearly all divorces proceeding today:

• The paying spouse cannot deduct alimony from federal taxable income.
• The receiving spouse does not report alimony as taxable income.

For divorce or separation agreements executed on or before December 31, 2018, the old rules continue: alimony is deductible by the payer and taxable to the recipient. Those rules are not affected by later legislative changes unless the parties modify their agreement and expressly elect the new treatment. For guidance on your specific situation, consult a qualified tax professional.

The Internal Revenue Service provides information on how divorce and separation affect taxes at irs.gov/newsroom/divorce-or-separation-may-have-an-effect-on-taxes.

Tennessee state tax

Tennessee does not impose a state income tax on wages or salaries, and as of January 1, 2021, the Hall Income Tax on investment income was fully repealed. There is no separate Tennessee state tax on alimony payments for either the payer or the recipient.

How alimony differs from child support

Alimony and child support are legally distinct obligations in Tennessee. The key differences are:

• Purpose: Alimony supports a former spouse. Child support is calculated to meet the financial needs of a minor child.
• Tax treatment: Under both pre- and post-TCJA rules, child support has never been deductible by the payer and has never been taxable income to the recipient. This is true regardless of when the divorce agreement was signed.
• Calculation method: Tennessee calculates child support using the Income Shares model, a formula based on both parents' gross incomes, custody time, and other statutory inputs. Alimony has no formula and is entirely discretionary.
• Termination: Child support ends when a child reaches the age of majority or other statutory milestones. Alimony terminates based on the type awarded and events such as remarriage, death, or the end of a defined term.

For more on how Tennessee determines child support obligations, see our page on Tennessee child support laws.

For a state-by-state comparison of spousal support rules, see the alimony laws by state hub.

Legal disclaimer: This page provides general legal information about Tennessee alimony law and is not legal advice. Alimony determinations depend heavily on individual facts and circumstances. For advice about your specific situation, consult a licensed Tennessee family law attorney.

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Sources

• Tennessee General Assembly. Tennessee Code Annotated, Title 36, Section 36-5-121: Classes of Spousal Support and Maintenance; Economic Disadvantage. Available via Tennessee Courts: https://www.tncourts.gov
• Tennessee Courts. Alimony Bench Book, 23rd Edition (March 2025). https://www.tncourts.gov/sites/default/files/docs/Alimony%20Bench%20Book_23rdEdition0325.pdf
• Tennessee Courts. Alimony Diagram (Domestic Alimony Determination Flowchart). https://www.tncourts.gov/sites/default/files/docs/Domestic%20Alimony%20Determination.pdf
• Internal Revenue Service. Divorce or Separation May Have an Effect on Taxes. https://www.irs.gov/newsroom/divorce-or-separation-may-have-an-effect-on-taxes

Last updated: June 1, 2026.