Full question:
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.
- Category: Divorce
- Subcategory: Separation Agreements
- Date:
- State: Tennessee
Answer:
Courts treat prenuptial agreements as contracts and generally uphold them, even if they seem unequal. Since your agreement does not mention alimony, Tennessee law will apply standard alimony rules.
Alimony is a payment from one spouse to another and can be awarded for various reasons, including:
- Alimony in futuro: Ongoing support, typically for longer marriages.
- Rehabilitative alimony: Support to help a spouse gain education or training to improve earning capacity.
- Alimony in solido: Lump sum payments to address property division imbalances.
Tennessee law prefers temporary and rehabilitative alimony. If you do not receive alimony at the time of divorce, you cannot claim it later.
The court considers several factors when determining alimony, including:
- The earning capacity, obligations, and financial resources of each party.
- The education and training of each party and their ability to secure further education.
- The duration of the marriage.
- The age and mental and physical condition of each party.
- The separate assets of both parties.
- The standard of living during the marriage.
- The contributions each party made to the marriage.
- The relative fault of each party, if deemed appropriate.
Temporary alimony may be awarded during the divorce proceedings through a hearing for pendente lite support. This temporary order ends once the final divorce judgment is entered.
The amount of temporary alimony is determined at the court's discretion, based on one party's ability to pay and the needs of the other party, considering their standard of living at separation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.