The Tennessee Supreme Court, as of last Thursday, was still considering a case that may affect the way alimony determinations are made in the state of Tennessee.

The question the court is to determine concerns when it is appropriate to assign lifetime alimony payments to a party to divorce.

The couple involved in the case reportedly obtained a divorce back in 2009. At that time, the ex-wife was 43-years old and working in information technology with the state on a salary of $72,000 per year. The ex-husband, who worked as a controller for a large corporation, had a salary of $1,250 per year.

Shortly after their divorced was finalized, the Tennessee Court of Appeals ordered the ex-husband to pay his ex-wife $1,250 in alimony per month for life or until remarriage.

Although such permanent-type alimony is usually only granted to older spouses who have been married a long time, have limited ability to get back out into the workforce, and whose standard of living significantly decreases upon divorce.

According to sources, a lower court previously ruled that the ex-wife wasn't to receive any alimony payments. The Court of Appeals, however, later overturned that ruling based on the fact that the husband's salary became increasingly larger than that of his wife in the several years prior to their divorce.

The ex-husband's attorney, commenting on the pending decision, said the main factors the court will consider are the ex-wife's need to maintain the lifestyle she had before divorce, and the ex-husband's ability to pay.

The decision could change the way alimony awards are determined in Tennessee, particularly on the extent to which spouses are responsible for maintaining their ex-partner's lifestyle upon divorce.

Though the ruling in the case will not affect Missouri residents, the issue is relevant to any alimony determination. Courts in Missouri consider a number of factors in making alimony determinations. Such factors include the financial resources of the party seeking alimony, the time necessary to acquire sufficient education and training for appropriate employment, the comparative earning capacity of each spouse, the length of the marriage, the living standard established during marriage, and other relevant factors.

Source: The Tennessean, "TN case could be 'game changer' on lifetime alimony," Sheila Burke, 10 Mar 2011.