Ending and Modifying Tennessee Alimony
In Tennessee, alimony in futuro ends automatically at the recipient’s remarriage or death, rehabilitative alimony and alimony in futuro can be modified on a substantial and material change, and alimony in solido cannot be modified or ended by remarriage.
By kind
How each kind can change and end (Tenn. Code Ann. 36-5-121(e) to (h)):
| Kind | Modifiable? | Ends on |
|---|---|---|
| Rehabilitative | Yes, on a substantial and material change; extension needs proof of reasonable rehabilitation efforts | Death of the recipient (and of the payor unless stated) |
| Alimony in futuro | Yes, on a substantial and material change | Death or remarriage of the recipient, automatically; death of the payor unless stated |
| Transitional | No, unless the parties or the decree allow it or the recipient lives with a third person | Death of the recipient (and of the payor unless stated); other conditions if the order says so |
| Alimony in solido | No, except by agreement of the parties | Not terminable on death or remarriage |
Remarriage and notice
Alimony in futuro terminates automatically and unconditionally on the recipient’s remarriage. The recipient must notify the obligor immediately, and if he or she does not the obligor can recover everything paid after the marriage.
Living with a third person
When a recipient of alimony in futuro lives with a third person, there is a rebuttable presumption either that the third person is contributing to the recipient’s support or that the recipient is supporting the third person, so the recipient does not need the amount awarded and the court should suspend all or part of the obligation. The same presumption applies to transitional alimony.
Extending rehabilitative alimony
To extend rehabilitative alimony or increase it, the recipient has the burden of proving that all reasonable efforts at rehabilitation have been made and have been unsuccessful.
Security
To secure alimony the court may direct a party to designate the other as beneficiary of existing life insurance, or to buy and pay premiums on new insurance, and may order a party to pay the other’s health insurance premiums for as long as it deems appropriate.
Questions for the negotiation
Decide the kind, term and termination events, and whether transitional alimony should end on remarriage.
Next steps
See the four kinds of support and test a ceiling in the Tennessee alimony calculator.
Frequently asked questions
Does remarriage end Tennessee alimony?
Alimony in futuro ends automatically; alimony in solido does not; transitional alimony ends on remarriage only if the order provides it.
Can Tennessee alimony be modified?
Rehabilitative alimony and alimony in futuro can, on a substantial and material change; alimony in solido cannot, and transitional alimony generally cannot.
Does living with a partner end Tennessee alimony?
It raises a rebuttable presumption that support should be reduced or suspended, for alimony in futuro and transitional alimony.
What happens if a Tennessee recipient remarries and does not tell the payor?
The obligor can recover all alimony in futuro paid after the remarriage.
Can a Tennessee court require life insurance for alimony?
Yes. It may direct life insurance designating the other party as beneficiary.
Official sources
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Tennessee statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Tennessee attorney.