Michael P. Tulay - Page 8

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          subject to modification and its duration is uncertain due to                
          contingencies agreed upon by the parties or imposed by the                  
          courts.  Id.  Alimony in futuro terminates upon the death or                
          remarriage of the recipient.  Tenn. Code Ann. sec.                          
          36-5-101(a)(2)(B) (2003).  Alimony in solido is an award of a               
          definite sum of money to be paid in a lump sum or as installments           
          over a definite period of time.  It is not subject to                       
          modification and does not terminate upon the death of either                
          party.  Burlew v. Burlew, supra at 471.  Rehabilitative alimony             
          is awarded when it is feasible for the economically disadvantaged           
          spouse to achieve, with reasonable effort, an earning capacity              
          that will allow for the spouse to be self-sufficient and have a             
          standard of living comparable to the one he or she enjoyed during           
          the marriage.  Id.; Tenn. Code Ann. sec. 36-5-101(d)(1)(C).                 
          Rehabilitative alimony is modifiable and terminates upon the                
          death of either spouse.  Tenn. Code Ann. sec. 36-5-101(d)(1)(C);            
          Self v. Self, supra at 363.                                                 
               Respondent argues that the disputed $35,000 payment was, on            
          the face of the agreement, part of the property settlement rather           
          than alimony and would not have terminated upon the death of                
          Tulay.  In the alternative, respondent argues that, if the Court            
          were to determine the payment was alimony, the same result would            
          follow because the lump-sum payment was alimony in solido under             
          Tennessee law, which would not terminate upon the death of Tulay.           






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