Indeed, if the intermediate court's interpretation were permitted to stand, it would effectively prohibit the awarding of alimony in solido in installments, a practice that was initially approved in Spalding v. Spalding, 597 S.W.2d 739 (Tenn. App. 1980), and has been followed in a line of cases, both reported and unreported, relying on Spalding. See, e.g., McKee v. McKee, 655 S.W.2d 164 (Tenn. App. 1983). Although the Court of Appeals does not mention Spalding, its opinion in this case has the effect, perhaps unintended, of overruling it.
Whether alimony is in futuro or in solido is determined by either the definiteness or indefiniteness of the sum of alimony ordered to be paid at the time of the award. McKee v. McKee, 655 S.W.2d 164, 165 (Tenn.App. 1983). Alimony in solido is an award of a definite sum of alimony.
"If the alimony award contains contingencies that may affect the total amount to be paid, the award is for alimony in futuro because the total amount of alimony is not definite and ascertainable at the time the award is made." Kelly v. Kelly, No. M2008-02170-COA-R3-CV, 2009 WL 1312839, at *2 (Tenn. Ct. App. May 11, 2009) (citing McKee v. McKee, 655 S.W.2d 164, 165-66 (Tenn. Ct. App. 1983)).
Whether alimony is in futuro or in solido is determined by either the definiteness or indefiniteness of the sum of alimony ordered to be paid at the time of the award. McKee v. McKee, 655 S.W.2d 164, 165 (Tenn. App. 1983). Alimony in solido is an award of a definite sum of alimony.
Alimony in solido is "`fundamentally the award of a definite sum of money; and if the sum is payable in installments, the payments run for a definite length of time.'" McKee v. McKee, 655 S.W.2d 164, 165 (Tenn.Ct.App. 1983) (quoting Spalding v. Spalding, 597 S.W.2d 739, 741 (Tenn.Ct.App. 1980)). The amount of the alimony in solido award "must be ascertainable when ordered, not years later when a contingency terminates the award."
Whether alimony is in futuro or in solido is determined by either the definiteness or indefiniteness of the sum of alimony ordered to be paid at the time of the award. McKee v. McKee, 655 S.W.2d 164, 165 (Tenn.App. 1983). Alimony in solido is an award of a definite sum of alimony.
In the case before us, the trial court specifically found rehabilitative and transitional alimony to be inappropriate. Whether alimony is in futuro or in solido is determined by either the definiteness or indefiniteness of the sum of alimony ordered to be paid at the time of the award. McKee v. McKee, 655 S.W.2d 164, 165 (Tenn.App. 1983). Alimony in solido is an award of a definite sum of alimony.
Whether alimony is in futuro or in solido is determined by either the definiteness or indefiniteness of the sum of alimony ordered to be paid at the time of the award. McKee v. McKee, 655 S.W.2d 164, 165 (Tenn.App. 1983). Alimony in solido is an award of a definite sum of alimony.
Whether alimony is in futuro or in solido is determined by either the definiteness or indefiniteness of the sum of alimony ordered to be paid at the time of the award. McKee v. McKee, 655 S.W.2d 164, 165 (Tenn.App. 1983). Alimony in solido is an award of a definite sum of alimony.
Waddey v. Waddey, 6 S.W.3d 230, 232 (Tenn. 1999) (citing McKee v. McKee, 655 S.W.2d 164, 165 (Tenn.Ct.App. 1983)). Alimony in solido is an award of a definite sum of alimony and "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."