If you only remember one point about modifying alimony in Tennessee, remember this: A substantial and material change of circumstances. Rehabilitative alimony may be increased, decreased, terminated, extended, or modified on that showing — to extend or increase, the recipient must prove all reasonable rehabilitation efforts were made and unsuccessful. Alimony in futuro is similarly modifiable; alimony in solido generally is not. Procedure, examples, and the opinions below hang off T.C.A. § 36-5-121(f). Alimony in solido (lump sum, however paid) is not subject to modification; transitional alimony may be modified only in narrow statutory circumstances (payor death, recipient disability). Alimony in futuro terminates on the recipient’s death or remarriage, and on cohabitation with a third person (unless the couple is related or the cohabitation ended before the petition). Death of the payor also ends future payments.
Cohabitation and remarriage
Alimony in futuro terminates on the recipient’s death or remarriage, and on cohabitation with a third person (unless the couple is related or the cohabitation ended before the petition). Death of the payor also ends future payments.
Cohabitation cases are intensely fact-driven: shared finances, shared household expenses, the relationship's public character, and its duration all matter. Tennessee procedure requires proof — surveillance or speculation is not enough, and the recipient gets discovery and a hearing before payments stop. Until a court order issues, keep paying.
Walking through Tennessee facts
Use this walkthrough to see which Tennessee authority does the work at each step.
A former spouse in Tennessee asks to change periodic alimony after retirement or a drop in income.
- File a petition to modify filed in the court that entered the decree.
- Match the facts to the Tennessee standard: A substantial and material change of circumstances. Rehabilitative alimony may be increased, decreased, terminated, extended, or modified on that showing — to extend or increase, the recipient must prove all reasonable rehabilitation efforts were made and unsuccessful. Alimony in futuro is similarly modifiable; alimony in solido generally is not.
- Check whether this award can be modified at all: Alimony in solido (lump sum, however paid) is not subject to modification; transitional alimony may be modified only in narrow statutory circumstances (payor death, recipient disability).
- If the request is to end support, prove a trigger: Alimony in futuro terminates on the recipient’s death or remarriage, and on cohabitation with a third person (unless the couple is related or the cohabitation ended before the petition). Death of the payor also ends future payments.
Prospective from the petition. The forum is the court that entered the order (usually circuit, chancery, or juvenile court), or Child Support Services for IV-D cases.
Step-by-step: how to file
- Read the decree and any incorporated agreement. Alimony in solido (lump sum, however paid) is not subject to modification; transitional alimony may be modified only in narrow statutory circumstances (payor death, recipient disability). Confirm the court retained jurisdiction to modify.
- Confirm the forum. Modification goes to a petition to modify filed in the court that entered the decree. If a party has moved away, UIFSA and registration rules determine where the petition belongs.
- Gather evidence dated to the change. Termination notices, disability awards, pension and Social Security statements, tax returns, medical records, or evidence of the recipient's cohabitation.
- File and serve promptly. Prospective from the petition.
- Exchange financial disclosure. Many courts require updated financial affidavits; self-employment cases often add forensic accounting or a vocational expert.
- Seek temporary relief if needed. Where circumstances are dire, ask the court for interim reduction or suspension pending the full hearing — Tennessee judges can grant temporary remedies in appropriate cases.
- Litigate, mediate, or stipulate. A settlement must be reduced to an order and entered before payment obligations change.
When the change takes effect
Prospective from the petition.
The corollary: unilaterally reducing or stopping payments before an order issues builds arrears, interest, and contempt exposure — even if you ultimately win the modification.
Awards that cannot be modified (or are hard to change)
Alimony in solido (lump sum, however paid) is not subject to modification; transitional alimony may be modified only in narrow statutory circumstances (payor death, recipient disability).
Common traps:
- Lump-sum or property-division awards styled as alimony are usually final when entered.
- Agreement language that waives modification binds the parties even though the statute would allow a petition.
- Expired terms — once a fixed term lapses, most states will not revive it; a timely pre-expiration motion is critical.
- Jurisdiction reservations — in some states, if the decree did not expressly reserve jurisdiction to modify, no later court can.
Case law: how Tennessee courts decide alimony modification
These LawDiver opinions show how Tennessee appellate courts weigh changed circumstances, retirement, and cohabitation:
Richard Thomas BOGAN v. Doris Mae BOGAN
Richard Thomas BOGAN v. Doris Mae BOGAN, 2001 Tenn. LEXIS 782 (2001)
…le, the obligor could not seek modification of the original alimony award. We granted permission to appeal and hold that a bona fide retirement need only be objectively reasonable under the totality of the circumstances to constitute a substantial and material change in circumstances. In so holding, we reject, in the retirement context, the traditional test requiring an involun…
Tennessee opinions such as Richard Thomas BOGAN v. Doris Mae BOGAN are cited where alimony modification is disputed. The court stated: "We granted permission to appeal and hold that a bona fide retirement need only be objectively reasonable under the totality of the circumstances to constitute a substantial and material change in circumstances." That is the language to brief; the rest of the decision supplies the procedural posture.
Nell K. Hayden JONES, Plaintiff-Appellee, v. William Walter JONES, Defendant-Appellant
…red in failing to grant the Husband greater relief from his alimony obligation. Plaintiff Nell K. Hayden Jones (Wife), pursuant to Tenn.R. App.P. 13(a), presents one issue: Whether a sufficient change in circumstances has been shown to warrant any reduction in alimony. We first review the history of this litigation. In November 1981, the Wife was awarded an absolute divorce on…
Tennessee opinions such as Nell K. Hayden JONES, Plaintiff-Appellee, v. William Walter JONES, Defendant-Appellant are cited where alimony modification is disputed. The court stated: "Husband greater relief from his alimony obligation. Plaintiff Nell K. Hayden Jones (Wife), pursuant to Tenn.R. App.P. 13(a), presents one issue: Whether a sufficient change in circumstances has been shown to warrant any reduction in alimony." That is the language to brief; the rest of the decision supplies the procedural posture.
Edith Carmer SANNELLA, Plaintiff/Appellee, v. Joseph John SANNELLA, Defendant/Appellant
…in financial circumstances rendered him unable to meet his alimony obligation and that Ms. Sannella no longer needed spousal support. Following a bench trial, the judge found Dr. Sannella’s arguments unpersuasive and denied the petition. Dr. Sannella has appealed. II. Dr. Sannella argues that the trial court erred by determining that his decreased *76 income, coupled with Ms.…
On alimony modification, Edith Carmer SANNELLA, Plaintiff/Appellee, v. Joseph John SANNELLA, Defendant/Appellant speaks to the Tennessee dispute in this passage: "Ms. Sannella no longer needed spousal support. Following a bench trial, the judge found Dr. Sannella’s arguments unpersuasive and denied the petition. Dr. Sannella has appealed. II. Dr." The surrounding opinion shows how the court applied that language to the record.
Clive Allen SEAL, Plaintiff/Appellee, v. Jill Annette Lambertz SEAL, Defendant/Appellant
…decree, seeking a reduction and/or termination of periodic alimony being paid to Wife. Wife filed a counter-petition by which she sought an increase in child support, the reduction to judgment of past due alimony, attorney fees and litigation expenses, and an order requiring Husband to give reasonable notice of his intention to exercise visitation rights. Following a bench tri…
Practitioners open Clive Allen SEAL, Plaintiff/Appellee, v. Jill Annette Lambertz SEAL, Defendant/Appellant when Tennessee alimony modification turns on the distinction in this sentence: "Wife. Wife filed a counter-petition by which she sought an increase in child support, the reduction to judgment of past due alimony, attorney fees and litigation expenses, and an order requiring Husband to give reasonable notice of his intention to exercise visitation rights." Do not lift it out of the facts the court was deciding.
Charles Larry HONEYCUTT v. Ann Marie Migliaccio HONEYCUTT
Charles Larry HONEYCUTT v. Ann Marie Migliaccio HONEYCUTT, 2003 Tenn. App. LEXIS 862 (2003)
…Decree of Divorce concerning a provision for termination of alimony upon wife’s cohabitation with an unrelated male. The trial court denied Husband’s petition for termination and Husband appeals. We reverse and remand. Plaintiff, Charles Larry Honeycutt (“Husband” or “Plaintiff’), and defendant, Ann Marie Migliaccio Honeycutt (“Wife” or “Defendant”), were divorced on February 9…
Practitioners open Charles Larry HONEYCUTT v. Ann Marie Migliaccio HONEYCUTT when Tennessee alimony modification turns on the distinction in this sentence: "Decree of Divorce concerning a provision for termination of alimony upon wife’s cohabitation with an unrelated male. The trial court denied Husband’s petition for termination and Husband appeals. We reverse and remand." Do not lift it out of the facts the court was deciding.
Virginia Graf WADDEY, Petitioner/Appellant, v. Ira Clinton WADDEY, Jr., Respondent/Appellee
…this appeal to determine whether a party receiving periodic alimony may obtain a modification or extension of alimony when: 1) a termination date was agreed to by the parties in their property settlement agreement; and 2) the petition to modify was filed after the termination date but prior to the expiration of thirty days. We hold that the alimony was not modifiable after- one…
Tennessee opinions such as Virginia Graf WADDEY, Petitioner/Appellant, v. Ira Clinton WADDEY, Jr., Respondent/Appellee are cited where alimony modification is disputed. The court stated: "this appeal to determine whether a party receiving periodic alimony may obtain a modification or extension of alimony when: 1) a termination date was agreed to by the parties in their property settlement agreement; and 2) the petition to modify was filed after the termination dat" That is the language to brief; the rest of the decision supplies the procedural posture.
Lester G. Murphy, Sr. v. State of Tennessee Child Support Services
Lester G. Murphy, Sr. v. State of Tennessee Child Support Services (2014)
…any legal action to “establish, modify or enforce child or spousal support,” and that the State becomes the assignee of any right of support to which that individual is entitled. We therefore presume that Mr. Baker received assistance from the State for the benefit of his grandchildren. 4 An alias summons for the 2007 proceeding with a signed return of service was entered into…
On alimony modification, Lester G. Murphy, Sr. v. State of Tennessee Child Support Services speaks to the Tennessee dispute in this passage: "State becomes the assignee of any right of support to which that individual is entitled. We therefore presume that Mr. Baker received assistance from the State for the benefit of his grandchildren." The surrounding opinion shows how the court applied that language to the record.
Practical checklist before you file
- Identify which type of alimony your decree awards — the modification rules differ by type.
- Confirm the decree or agreement does not bar modification.
- Document the change with third-party records, not just testimony.
- For retirement motions: assemble pension statements, Social Security estimates, the divorce-era financial disclosures, and evidence of good faith.
- For cohabitation petitions: gather admissible evidence and expect a discovery fight and an evidentiary hearing.
- Keep paying until the new order is signed; calendar the effective-date rules under T.C.A. § 36-5-121(f).
- Search LawDiver for recent Tennessee appellate decisions before filing.
Key takeaways
- Tennessee calls these payments alimony, governed for modification purposes by T.C.A. § 36-5-121(f).
- The legal standard: A substantial and material change of circumstances.
- Prospective from the petition.
- Termination events: Alimony in futuro terminates on the recipient’s death or remarriage, and on cohabitation with a third person (unless the couple is related or the cohabitation ended before the petition).
- Alimony in solido (lump sum, however paid) is not subject to modification; transitional alimony may be modified only in narrow statutory circumstances (payor death, recipient disability).
- File in petition to modify filed in the court that entered the decree — do not wait: Prospective from the petition.
- Companion reading: Tennessee alimony guide and how to modify child support in Tennessee.
The legal standard in Tennessee
A substantial and material change of circumstances. Rehabilitative alimony may be increased, decreased, terminated, extended, or modified on that showing — to extend or increase, the recipient must prove all reasonable rehabilitation efforts were made and unsuccessful. Alimony in futuro is similarly modifiable; alimony in solido generally is not.
Courts start from the decree, not from scratch. The judge asks what the parties and the court knew when alimony was set, what has changed since, and whether the change is significant and durable enough to make the existing terms unreasonable. The moving party carries the burden, and documentation — tax returns, pension statements, medical records, lease agreements — decides most of these cases.
Grounds that most often succeed
- Retirement. Many states now treat reaching full retirement age as a presumptive or statutory ground. Early or voluntary retirement is scrutinized: courts ask whether it was in good faith, whether it was foreseeable at divorce, and whether the recipient had a chance to save.
- Involuntary income loss. Layoffs, business failure, disability, or industry collapse — with proof of diligent job-seeking. Voluntary underemployment is commonly met with income imputation instead of relief.
- The recipient's changed need. Improved earnings, remarriage-adjacent cohabitation, an inheritance, or reduced expenses.
- Health changes. New disability or extraordinary medical costs on either side.
- Cohabitation. Alimony in futuro terminates on the recipient’s death or remarriage, and on cohabitation with a third person (unless the couple is related or the cohabitation ended before the petition). Death of the payor also ends future payments.
Grounds that rarely work: a new partner's income without statutory cohabitation, ordinary inflation, the payor's new family expenses standing alone, or a temporary dip in earnings.
Frequently asked questions
Can alimony be modified in Tennessee?
Yes, in most cases. A substantial and material change of circumstances. Rehabilitative alimony may be increased, decreased, terminated, extended, or modified on that showing — to extend or increase, the recipient must prove all reasonable rehabilitation efforts were made and unsuccessful. Alimony in futuro is similarly modifiable; alimony in solido generally is not.
Does retirement end alimony in Tennessee?
Retirement can support modification where it produces a genuine, good-faith reduction in ability to pay, but it is not automatic. Tennessee courts weigh the timing, health, and foreseeability of the retirement under T.C.A. § 36-5-121(f).
Does my ex's cohabitation stop alimony?
Alimony in futuro terminates on the recipient’s death or remarriage, and on cohabitation with a third person (unless the couple is related or the cohabitation ended before the petition). Death of the payor also ends future payments. You must petition the court and prove the statutory elements — the obligation does not end by operation of the new relationship alone until a judge so orders (unless Tennessee's statute makes termination automatic on remarriage).
Can alimony be increased?
Yes, where the statute permits. Recipients who prove a material increase in need — often medical — can seek upward modification, subject to the payor's ability to pay.
Can Tennessee courts modify alimony retroactively?
Prospective from the petition.
What if my alimony was set by agreement?
Alimony in solido (lump sum, however paid) is not subject to modification; transitional alimony may be modified only in narrow statutory circumstances (payor death, recipient disability). Agreements matter: read the incorporated terms before assuming a petition will be heard on ordinary changed-circumstances grounds.
Related guides
- How Tennessee calculates child support
- Tennessee alimony / alimony guide
- How to modify alimony in Tennessee
- How to modify child support in Tennessee
Disclaimer
This guide is general legal information about modifying alimony in Tennessee, not legal advice. Statutes and case law change. Confirm the current text of T.C.A. § 36-5-121(f) and consult a licensed Tennessee family-law attorney about your decree before filing or changing payments.