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How Does the Length of my Marriage Affect my Divorce?

January 10, 2020

Elder couple discuss how the length of their marriage affect their divorce

Did you know that in a divorce case, the length of a marriage effects the division of assets? It’s true. The length of a marriage plays a significant role during many aspects of a divorce case. If you are about to file for divorce from your spouse, make sure you have a trustworthy attorney on your side.

Marriage Length and Division of Property

During a divorce case, the length of a marriage impacts how much of the property is given to each spouse. The trial judge is tasked with equitably dividing the marital assets.  Equitable does not always mean equal.  Often, the longer a marriage has lasted, the greater the chance there is an equal split of the marital assets.

Which spouse caused the grounds for the divorce is not an issue in property division.  For instance, infidelity does not play a role in the property division phase of a divorce case.  If you and your spouse are fighting over these issues and you have questions, be sure to contact the divorce attorneys at Hagar & Phillips today.

In some longer marriages, the division of property can prove to be a difficult task.  For instance, individuals in longer marriages tend to have a diverse portfolio of assets, investments, real property and other types of property.  Dividing these assets may require expert or technical assistance from individuals trained in evaluating the value of each asset or investment.

Does the Length of my Marriage Determine my Chances for Alimony?

The simple answer is yes. Tennessee law has a list of factors that a judge must consider before alimony is awarded.  The most important factors are the need of the receiving spouse and the ability to pay of the paying spouse.  Among the other factors the judge considers is fault and length of marriage.

Alimony is known as the legal obligation of one spouse to support the other after a divorce. The longer the marriage lasted, the greater the chance that alimony will be awarded to support the future needs of the supported spouse. For shorter marriages, alimony is rarely awarded unless there is a unique set of circumstances or if the receiving spouse needs time to transition from being a married person to a single person.

In the state of Tennessee, there are four types of alimony:

  • Alimony in Futuro (Intended for long-term support until death or remarriage)
  • Transitional Alimony
  • Rehabilitative Alimony
  • Alimony in Solido (also known as Lump-Sum Alimony)

Your Lebanon divorce lawyer will explain each type of alimony with you and help determine your possibility of either receiving alimony or being responsible for paying alimony.

Contact Wilson County’s Trusted Divorce Attorneys

Going through a divorce is a difficult situation. No one should have to go through this challenging time alone. The attorneys at Hagar & Phillips are ready to fight for your spousal rights and defend your case in court. For more information on divorce cases, how the divorce process works, contact us, or to speak to one of our divorce attorneys about your particular case, give us a call today at 615-784-4588!


The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.