Tennessee Alimony (Spousal Support)
Tennessee recognizes four types of alimony under T.C.A. § 36-5-121: rehabilitative, transitional, alimony in futuro (long-term/periodic), and alimony in solido (lump sum). Courts weigh statutory factors like each spouse's earning capacity, the length of the marriage, and contributions — with a stated preference for rehabilitative or transitional support over long-term alimony where feasible.
By Find Local Law Editorial Team · Last reviewed: May 25, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Talk to a Tennessee attorney about whether alimony applies in your case.
Tennessee alimony is governed by T.C.A. § 36-5-121, which recognizes four distinct types — each suited to a different situation.
The four types
- Rehabilitative alimony — temporary support to help an economically disadvantaged spouse get the education or training needed to reach an earning capacity comparable to the standard of living during the marriage.
- Transitional alimony — short-term support to help a spouse adjust to the economic consequences of divorce when rehabilitation isn’t necessary.
- Alimony in futuro — long-term, periodic support, used where a spouse can’t be rehabilitated. It generally ends on the recipient’s death or remarriage (unless stated otherwise).
- Alimony in solido — a definite total (lump-sum) amount, which may be paid in installments and can include attorney fees.
How courts decide
The court weighs statutory factors (§ 36-5-121(i)), including each spouse’s earning capacity, needs, and financial resources; relative education and training; the duration of the marriage; age and health; the property division; the standard of living during the marriage; each spouse’s contributions (including as a homemaker); and relative fault, where appropriate.
Tennessee law expresses a preference for rehabilitative or transitional alimony over long-term support where feasible — the goal is to help a spouse become self-sufficient when possible.
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Start your free intakeFrequently asked questions
- How many kinds of alimony are there in Tennessee?
- Four (T.C.A. § 36-5-121): rehabilitative alimony, transitional alimony, alimony in futuro (long-term periodic support), and alimony in solido (a lump sum).
- Is permanent alimony common in Tennessee?
- Tennessee law states a preference for rehabilitative or transitional alimony over long-term 'in futuro' alimony. Long-term support is generally reserved for cases where the disadvantaged spouse can't realistically be rehabilitated.
- Does fault affect alimony?
- It can. Unlike property division (decided without regard to fault), relative fault is one of the factors a court may weigh when setting alimony (T.C.A. § 36-5-121).
Sources
Related guides
- Adoption in Tennessee Tennessee adoption law is in Title 36, Chapter 1. Before an adoption can be finalized, the existing parental rights must be surrendered or terminated (T.C.A. § 36-1-113), and a home study/court report is generally part of the process. Common types include stepparent, relative, agency, and private adoptions.
- Establishing Paternity in Tennessee For unmarried parents in Tennessee, legal parentage is established under the parentage statutes (T.C.A. § 36-2-301 et seq.) — either by a Voluntary Acknowledgment of Paternity or by a court petition with genetic testing. A genetic test showing 95% or greater probability creates a presumption of parentage (T.C.A. § 24-7-112). Establishing paternity is the gateway to custody, parenting time, and child support.
- Family Law Mediation in Tennessee Tennessee courts are directed to order mediation in many contested divorces (T.C.A. § 36-4-131), with exceptions including domestic violence, inability to afford it, or an already-signed agreement. Family mediators are commonly Rule 31 listed mediators under Tennessee Supreme Court Rule 31. Mediation lets parents and spouses craft their own resolution instead of leaving it to a judge.
- Grandparents' Visitation Rights in Tennessee Tennessee's grandparent visitation statute (T.C.A. § 36-6-306) is deliberately narrow. A grandparent can petition only in specific situations — such as a parent's death, the parents' divorce or separation, or a severed long-standing relationship — and the court must find a danger of substantial harm to the child. The limits reflect the constitutional rights of fit parents under Troxel v. Granville (2000).
- Postnuptial Agreements in Tennessee Tennessee enforces postnuptial agreements under case law — principally Bratton v. Bratton (Tenn. 2004) — rather than a dedicated statute. To be enforceable, a postnup needs adequate consideration flowing to both spouses, knowing and voluntary execution, and no fraud, coercion, or duress. The consideration requirement is what makes postnups harder to uphold than prenups.
- Prenuptial Agreements in Tennessee Tennessee enforces prenuptial (antenuptial) agreements under T.C.A. § 36-3-501 if they were entered into freely, knowledgeably, and in good faith, and without duress or undue influence. A prenup can define how property and support are handled if the marriage ends, but a court can refuse to enforce one that was signed under unfair circumstances.