Lump sum alimony in Tennessee, legally called alimony in solido, is a fixed total support amount that is calculable on the date the divorce decree is entered under Tenn. Code Ann. § 36-5-121. It can be paid in a single payment or in installments, and unlike monthly support it is non-modifiable and does not terminate on death or remarriage.
Key Facts: Lump Sum Alimony in Tennessee
| Fact | Detail |
|---|---|
| Filing Fee | $125 (no minor children) to $200 (with minor children) statutory base under T.C.A. § 8-21-401; $184–$301 total with county taxes and service. As of June 2026. Verify with your local clerk. |
| Waiting Period | 60 days (no minor children); 90 days (with minor children) under T.C.A. § 36-4-101(b) |
| Residency Requirement | 6 months in Tennessee before filing if grounds occurred out of state, under T.C.A. § 36-4-104 |
| Grounds | 15 grounds including irreconcilable differences (no-fault) under T.C.A. § 36-4-101 |
| Property Division Type | Equitable distribution under T.C.A. § 36-4-121 (not community property) |
| Alimony Statute | T.C.A. § 36-5-121 (four types, 12 factors) |
What Is Lump Sum Alimony in Tennessee?
Lump sum alimony Tennessee courts award is technically named alimony in solido under Tenn. Code Ann. § 36-5-121. It is a long-term support obligation whose total dollar amount is fixed and calculable on the date the decree is entered. The court may order it paid as one payment or in installments over a definite period, but the sum must be ascertainable when awarded.
Alimony in solido is one of four spousal support types Tennessee recognizes, alongside rehabilitative alimony, transitional alimony, and alimony in futuro (periodic support). The statute defines alimony in solido as support "the total amount of which is calculable on the date the decree is entered." This fixed-total nature is what separates a one time alimony payment from open-ended monthly support. The purpose of alimony in solido is to provide financial support to a spouse, to help the court equitably divide and distribute marital property, or both. Because the obligation is set and final, courts treat it more like a property settlement than ongoing maintenance, which gives the buyout alimony structure its distinctive permanence and predictability for both the paying and receiving spouse.
How Alimony in Solido Differs From Monthly Support
Alimony in solido is non-modifiable and does not terminate on death or remarriage, while alimony in futuro and rehabilitative alimony can change with circumstances under T.C.A. § 36-5-121. A final lump sum award stands as a fixed debt: if the payor dies, the obligation typically becomes a claim against the estate, and if the recipient remarries, payments continue.
This permanence is the central trade-off in the lump sum vs monthly alimony decision. Rehabilitative alimony "shall remain in the court's control" and may be increased, decreased, terminated, or extended on a substantial and material change in circumstances. Alimony in futuro is modifiable under T.C.A. § 36-5-121(f) and ends automatically when the recipient remarries or either party dies. By contrast, a final award of alimony in solido "is not modifiable, except by agreement of the parties only." A 2020 enforcement change matters here too: 2019 Tenn. SB 2651 (effective March 20, 2020) amended T.C.A. § 28-3-110 to remove the 10-year statute of limitations on domestic-relations judgments, so an unpaid in solido balance remains enforceable until paid in full. The receiving spouse gains certainty; the paying spouse loses any chance to reduce the amount later.
Lump Sum vs Monthly Alimony: Comparison Table
Choosing between a lump sum alimony Tennessee award and monthly support depends on certainty, taxes, and risk tolerance. The table below contrasts the two structures across the factors that most affect a divorcing spouse's decision under T.C.A. § 36-5-121.
| Feature | Lump Sum (Alimony in Solido) | Monthly (Alimony in Futuro) |
|---|---|---|
| Total amount | Fixed and known at decree | Open-ended, varies over time |
| Modifiable | No, except by party agreement | Yes, on substantial change |
| Ends at remarriage | No | Yes, terminates automatically |
| Ends at death | No, becomes estate debt | Yes, ends on either party's death |
| Payment timing | One payment or set installments | Recurring monthly |
| Collection risk | Higher if paid over time | Spread over years |
| Federal income tax (post-2019) | Not deductible/not taxable | Not deductible/not taxable |
| Best for | Clean break, distrust, property offset | Long marriage, limited payor cash |
How Tennessee Courts Decide Alimony Amounts
Tennessee uses no formula for alimony; courts weigh 12 statutory factors in T.C.A. § 36-5-121(i) and the two most important are the disadvantaged spouse's financial need and the obligor's ability to pay. There is no percentage guideline, so awards vary widely from case to case based on the evidence presented at the final hearing.
The statutory factors include the relative earning capacity, obligations, and financial resources of each party; the education and training of each party and the opportunity to secure further training; the duration of the marriage; the age and mental condition of each party; the physical condition of each party; the standard of living established during the marriage; the tangible and intangible contributions each party made to the marriage, including homemaker and child-care contributions; the provisions made regarding marital property; and the relative fault of the parties where the court deems it appropriate. Tax consequences to each party are also weighed. Tennessee law makes rehabilitative alimony the legislatively preferred form, so courts first ask whether the disadvantaged spouse can be economically rehabilitated. When rehabilitation is not feasible, the court turns to in futuro, transitional, or in solido awards depending on the facts.
Using Lump Sum Alimony as an Alimony Buyout Agreement
An alimony buyout agreement uses a one time alimony payment to satisfy what would otherwise be years of monthly support, and Tennessee courts permit this through alimony in solido under T.C.A. § 36-5-121. Spouses often negotiate a discounted present-value sum, paid in cash or via property, in exchange for ending all future monthly obligations.
A buyout alimony arrangement converts uncertain future payments into a single, defined obligation. For the paying spouse, the appeal is a clean break: no annual review of income, no risk that the recipient's remarriage or the payor's retirement triggers litigation, and a closed file. For the receiving spouse, the appeal is security: the money is not contingent on the payor's continued employment, health, or survival, because alimony in solido does not terminate on death and becomes a debt of the estate. Negotiators typically calculate the buyout by estimating the total stream of monthly payments, then applying a present-value discount to account for receiving the money immediately. Because the award is non-modifiable once final, both sides should value it carefully and, where appropriate, secure installment payments with collateral, a lien, or a life-insurance requirement written into the marital dissolution agreement.
Attorney Fees as Alimony in Solido in Tennessee
Tennessee courts award attorney fees as alimony in solido under T.C.A. § 36-5-121, covering fees and expenses incurred through the final hearing and any Rule 59 proceedings. These awards are need-based: a spouse with adequate property and income to pay their own counsel is generally not entitled to a fee award.
When deciding whether to award attorney fees as alimony in solido, the court considers the total amount of attorney fees and expenses incurred and paid by each party, whether the fees requested are reasonable under Rule 1.5 of the Tennessee Rules of Professional Conduct, and whether the fees were necessary. The governing principle from Tennessee case law is that a fee award is appropriate only when the requesting spouse lacks sufficient funds to pay legal costs or would have to deplete other resources, such as the assets awarded for support, to do so. Where the requesting spouse is financially unable to obtain counsel and the other spouse has the ability to pay, the court may properly grant fees as alimony. This is why attorney-fee awards are reported as in solido rather than as periodic support, though the statute does not limit alimony in solido solely to fee awards.
Tax Treatment of Lump Sum Alimony in Tennessee
Lump sum alimony in Tennessee is neither tax-deductible for the payor nor taxable income to the recipient for divorce agreements executed after December 31, 2018, under the federal Tax Cuts and Jobs Act of 2017. Tennessee has no separate state alimony income tax because the state has no general income tax on wages.
The Tax Cuts and Jobs Act eliminated the prior federal rule that let payors deduct alimony and required recipients to report it as income. For any divorce or separation instrument executed on or after January 1, 2019, alimony, whether paid as a lump sum or monthly, is paid with after-tax dollars and received tax-free. This treatment applies equally to alimony in solido and alimony in futuro, so the lump sum vs monthly alimony choice no longer turns on federal deductibility. Agreements finalized before 2019 may still follow the old deductible/taxable rules unless they were later modified to adopt the new treatment. Because a one time alimony payment can involve transferring appreciated property or retirement assets, the structure can still carry capital-gains or early-withdrawal consequences. Always confirm the federal and any property-transfer tax effects with a qualified tax professional before signing a buyout alimony agreement.
Filing for Divorce in Tennessee: Fees and Process
The statutory base filing fee for a Tennessee divorce is $125 without minor children and $200 with minor children under T.C.A. § 8-21-401, with county litigation taxes and service fees bringing the typical total to $184–$301. As of June 2026. Verify the exact amount with your local Circuit or Chancery Court clerk before filing.
File your verified complaint for divorce, marital dissolution agreement, and proposed final decree with the Circuit or Chancery Court clerk in the county where you last lived together, where the defendant resides, or where you reside if the defendant lives out of state, under T.C.A. § 36-4-105. For example, Davidson County (Nashville) charges roughly $184.50 for a no-children divorce with standard service and up to $301.50 for a divorce with minor children using sheriff service. At least one spouse must have lived in Tennessee for six months before filing when the grounds arose out of state, under T.C.A. § 36-4-104. If you cannot afford the fees, file the Uniform Civil Affidavit of Indigency under Tennessee Supreme Court Rule 29 and T.C.A. § 20-12-127 to proceed without paying upfront.