How to Modify Alimony in Tennessee

Alimony (also called spousal support) is not always permanent. In Tennessee, certain types of alimony may be modified after a divorce if circumstances significantly change. Understanding when and how alimony can be modified is essential for anyone who is paying or receiving support.

When Alimony Can Be Modified

Tennessee law allows courts to modify alimony only under specific conditions, and not all types of alimony are eligible for modification.

The court must find a material and substantial change in circumstances that was not anticipated at the time of the divorce. This change must significantly affect either the need for support or the ability to pay it.

Common examples of qualifying changes include:

• Job loss, demotion, or significant income reduction

• Substantial increase in income of either party

• Serious illness or disability

• Retirement (in certain situations)

• Remarriage or cohabitation of the receiving spouse (for some alimony types)

Types of Alimony and Modifiability

Tennessee recognizes several types of alimony, and modification depends on the type awarded:

• Alimony in Futuro (Periodic Alimony)
  This is long-term or indefinite support and is modifiable upon a showing of a material and substantial change in circumstances. It typically ends upon the recipient’s remarriage or the death of either party.

• Rehabilitative Alimony
  Intended to help a spouse become self-sufficient, rehabilitative alimony may be modified if rehabilitation is not possible or circumstances change significantly.

• Transitional Alimony
  Designed to assist a spouse with the transition after divorce, transitional alimony is generally not modifiable, unless the original court order specifically allows modification or the recipient remarries or dies.

• Alimony in Solido (Lump Sum Alimony)
  This form of alimony is not modifiable under any circumstances.

What the Court Considers

When deciding whether to modify alimony, Tennessee courts evaluate many of the same factors considered during the original divorce, including:

• The income and earning capacity of both parties

• Financial needs and obligations

• Length of the marriage

• Age, physical condition, and mental health of both parties

• Whether the change in circumstances was foreseeable

• Whether the requesting party acted in good faith

The party seeking modification bears the burden of proof.

How to Request an Alimony Modification

To modify alimony, a party must file a Petition to Modify Alimony in the court that issued the original divorce decree. Simply experiencing financial difficulty does not automatically change a support obligation—only a court order can do that.

Important points to keep in mind:

• Alimony does not change retroactively before the petition is filed

• Payments must continue until the court enters a new order

• Failing to pay alimony without court approval can result in contempt of court

Why Legal Guidance Matters

Alimony modification cases can be complex and highly fact-specific. Courts closely scrutinize claims of changed circumstances, and improperly filed petitions or weak evidence can lead to denial.

An experienced Tennessee family law attorney can:

• Evaluate whether your circumstances qualify for modification

• Gather and present financial evidence

• Protect you from enforcement or contempt issues

• Advocate for a fair adjustment based on current realities

Let The Barnett Firm Help You Modify Alimony

Modifying alimony in Tennessee is possible, but only under the right conditions and for certain types of support. Whether you are seeking to reduce, increase, or terminate alimony, acting promptly and understanding your legal rights is critical.

If you believe your circumstances have materially changed, consulting a qualified family law attorney is the best first step toward protecting your financial future.