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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).
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