Joyce A. Perkins - Page 7




                                        - 7 -                                         
          101(a)(2)(B) (2003); see Waddey v. Waddey, 6 S.W.3d 230, 232                
          (Tenn. 1999).  Alimony in solido, which is often awarded to cure            
          an imbalance in the distribution of marital property, is an award           
          of a definite sum of alimony that “may be paid in installments              
          provided the payments are ordered over a definite period of time            
          and the sum of the alimony to be paid is ascertainable when                 
          awarded.”  Waddey v. Waddey, supra at 232.  Unlike alimony in               
          futuro, alimony in solido does not automatically terminate upon             
          the death of either party.  See Burlew v. Burlew, supra.  This              
          Court has observed that alimony in solido is roughly equivalent             
          to a property settlement and that alimony in futuro is roughly              
          equivalent to alimony as defined in section 71(b).  See Rogers v.           
          Commissioner, supra.                                                        
               “The determinative factor in deciding whether an award of              
          spousal support is alimony in solido, is the intent of the                  
          parties, or the court, that the award be for a fixed amount.”               
          Bryan v. Leach, 85 S.W.3d 136, 146 (Tenn. Ct. App. 2001).  In               
          contrast, alimony in futuro “lacks sum-certainty due to                     
          contingencies affecting the total amount of alimony to be paid.”            
          Waddey v. Waddey, supra at 232.  In addition, the Supreme Court             
          of Tennessee has held that distinguishing alimony on the basis of           
          “the definiteness of the term of the award * * * actually                   
          reflects the essential purpose of each award”.  Self v. Self, 861           
          S.W.2d 360, 362 (Tenn. 1993).                                               







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: March 27, 2008