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Alimony Demand by Movie Star’s Husband Reminds Couples of Need for Competent Nashville Divorce Attorney

Tiffany Johns Law Aug. 18, 2015

A demand by the 42-year-old husband of actress Megan Fox for spousal support has drawn new attention to the issue of alimony around the country. Brian Austin Green made the support demand in the divorce proceeding seeking to end the couple’s five-year marriage. According to news reports, the couple did not sign a prenuptial agreement before they were married.

The purpose of alimony is to assist a spouse to maintain a standard of living after a divorce or legal separation that is equivalent to that which was enjoyed by the couple during the marriage. Tennessee law actually allows for four different types of alimony:

  • Periodic Alimony: It is also known as alimony in future, and it is usually awarded in cases involving a long-term marriage in which one of the parties worked outside of the home while the other assumed the role of homemaker. The payments continue for a long period of time because anticipation that the nonworking spouse might have difficulty reentering the workforce or might never be capable of doing so.

  • Rehabilitative Alimony: This type of alimony might be appropriate for an individual who, after going to school or receiving training, will be able to reenter the workforce and earn a sufficient income to be self-supporting.

  • Transitional Alimony: Transitional alimony is for a much shorter term than the others. It is reserved for situations in which one of the parties has the skills, education and experience to reenter the workforce, but he or she needs time to do so.

  • Alimony in Solido: This form of alimony is usually negotiated as part as means of balancing value of what each party receives in a negotiated division of marital property that is part of a divorce settlement agreement.

When deciding the appropriateness of an award of alimony, judges in Tennessee take several factors into consideration including:

  • The earning capacity and needs of each party

  • The education, skills and training of each party

  • The duration of the marriage

  • The physical and mental condition of each party

  • The age of the parties

  • The division of marital property in the divorce and the separate assets of the parties

Couples wanting to avoid many of the issues that arise in a divorce, including the payment of alimony, can do so by having a prenuptial agreement signed before they get married. A prenuptial agreement might have kept Megan Fox and Brian Austin Green out of the media spotlight.

A properly drafted and executed prenuptial agreement prior to the marriage ceremony or a post-nuptial agreement signed after the marriage must meet specific legal requirements to be valid. The attorney at Middle Tennessee Family Law, Tiffany Johns, advises clients on divorce and family law matters, including alimony and prenuptial and post-nuptial agreements. She can be reached to schedule a free initial consultation by calling her office or by contacting her online.