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Experience:  JD, 17 years legal experience including family law
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I live in Nashville, TN and I am about to file for divorce

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I live in Nashville, TN and I am about to file for divorce after a 28 yr marriage. My wife voluntarily left me and I am going to file abandonment. She is an accounting clerk making around 30K per year and I am an engineer making around 80K / yr. Since she abandoned me will she be able to get alimony from me? She has more education that I do actually and a more stable work record. Our kids are 26 and 20 so no minor children involved.
Submitted: 2 years ago.
Category: Family Law
Expert:  Tina replied 2 years ago.
Hello and welcome,

While a court is likely to consider the fact that she abandoned the marriage in determining whether to award alimony or spousal support, there are many other factors a court would typically consider as well including:

(1) the value of any separate or marital property owned by the spouses; (2) whether the spouse seeking alimony is the custodian of a child whose circumstances make it appropriate for that spouse not to seek outside employment; (3) the need for sufficient education and training to enable the spouse to find appropriate employment; (4) the standard of living while married; (5) the length of the marriage; (6) the comparative financial resources of the spouses, including their comparative earning abilities in the labor market and any retirement, pension, or profit-sharing benefits; (7) the needs and obligations of each spouse; (8) the contributions each spouse made to the marriage and the acquisition of marital assets; (9) the relative education and training of the spouses and the opportunity of each party to secure education and training; (10) the age of the spouses; (11) the health condition of the spouse; (12) the tax ramifications of any award; (13) the usual occupation of the spouses during the marriage; (14) the job skills and employability of the spouse seeking alimony; (15) the marital conduct of the spouses during the marriage; and (16) any other factor the court deems just and equitable. (Tennessee Code - Volume 6A, Title 36, Sections 36-4-101).

Here is a link that provides this and additional information:

http://www.divorcesupport.com/divorce/Tennessee-Spousal-Support-Maintenance-Alimony-745.html

The length of the marriage, the standard of living during the marriage, and the difference in your earning capacity, would all way in favor of granting spousal support, so I would typically expect that the court would award some amount of support.

It is in the court's discretion whether or not to award support, so often the spouse that presents the most compelling argument will prevail.

I hope you found my answer helpful, even if the law is not in your favor. I would be happy to clarify my answer if anything is not clear or you are looking for additional information. All the best to you!

Tina, Lawyer
Category: Family Law
Satisfied Customers: 32721
Experience: JD, 17 years legal experience including family law
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