Alimony in Solido / Lump Sum Alimony
Alimony in Solido, sometimes referred to as lump-sum alimony, is often used to offset equitable relative earning capacities of the parties in lieu of other types of spousal support. Other times it is awarded in addition to alimony in futuro, rehabilitative alimony or transitional alimony. Many times this is accomplished by awarding a larger portion of the proceeds of the sale of the marital residence or other marital property to the financially disadvantaged spouse. Also, the court may choose to award the financially disadvantaged spouse the balance owed on his or her attorneys fees, the satisfaction of a debt owed in the name of the disadvantage spouse or even the larger share of the funds located in the parties joint accounts either parties' retirement accounts. It is important that you are aware of your rights with respect to spousal support before entering into an agreement that may not be in your best interest. You should consult an experienced attorney before committing to a position. Set out below are the portions of the Tennessee statutes which deal specifically with alimony in solido.
T.C.A.§36-5-121(d)(1) The court may award rehabilitative alimony, alimony in futuro, also known as periodic alimony, transitional alimony, or alimony in solido, also known as lump sum alimony or a combination of these, as provided in this subsection (d).
T.C.A.§36-5-121(d)(5) Alimony in solido may be awarded in lieu of or in addition to any other alimony award, in order to provide support, including attorney fees, where appropriate.
T.C.A.§36-5-121(h)(1) Alimony in solido, also known as lump sum alimony, is a form of long term support, the total amount of which is calculable on the date the decree is entered, but which is not designated as transitional alimony. Alimony in solido may be paid in installments; provided, that the payments are ordered over a definite period of time and the sum of the alimony to be paid is ascertainable when awarded. The purpose of this form of alimony is to provide financial support to a spouse. In addition, alimony in solido may include attorney fees, where appropriate.
T.C.A.§36-5-121(h)(2) A final award of alimony in solido is not modifiable, except by agreement of the parties only.
T.C.A.§36-5-121(h)(3) Alimony in solido is not terminable upon the death or remarriage of the recipient or the payor.
