In this way, marriage, considered a sacred agreement, would be protected.
Today however, most states, including Tennessee, see marriage as an economic relationship, and courts are more concerned about the finances of the parties and less on their behavior.
In Tennessee, there are four types of alimony which a court may award: in futuro (periodic); rehabilitative; transitional and; in solido (see Tennessee Alimony Law in Divorce).
Nor do we believe it was intended simply as an award of virtue.” , the husband’s infidelity is not even considered and the court’s decision about alimony is based only on finances.Only in the discussion on alimony in solido (here, attorney’s fees and expenses) did the court consider the behavior of the parties, and then only to point out the harassing behavior and repeated disagreement between the parties which led the court to deny attorney’s fees and expenses .Adultery, essentially, played no part in the court’s decision.Tennessee courts may consider a wide array of factors, including fault, in determining an award of spousal support. When the adulterer is also the spouse paying alimony, the court (in ….a spouse “whose marriage has been shattered by [her] husband’s [or his wife’s] misconduct should not be left in a financial condition inferior to her [or his] economic situation prior to the parties’ divorce.” The court looks at the financial situation of both parties, that is, the need of the spouse asking for alimony and the ability of the other spouse to pay.Tennessee courts ruled that “punitive alimony” is not permitted, even for a spouse who committed adultery.
In [i]t is well settled that while fault is a factor to be considered, it must not be applied in a punitive manner against a guilty party in determining the award of alimony.We have stated “alimony is not and never has been intended by our legislature to be punitive.…Tennessee divorce laws adultery and alimony: is adultery a crime, adultery and child custody, how does the state of Tennessee define adultery, lewd society, emotional affair.Whether called cheating, adultery, or an extramarital affair, what can sexual relations with someone other than a spouse really cost?Many states originally required fault in order to grant a divorce.The court reasoned that if a person knew they would be punished for their wrong-doing, they would think twice from committing the act.