Tennessee § 36-5-105 - Intestacy of plaintiff spouse — Effect on alimony.

Full text of Tennessee Tennessee Code Annotated § 36-5-105 — Intestacy of plaintiff spouse — Effect on alimony., with citation guidance and answers to common questions.

§ 36-5-105. Intestacy of plaintiff spouse — Effect on alimony.

If the bonds of matrimony have been dissolved at the suit of the plaintiff spouse, the defendant spouse shall not be entitled to any part of the real or personal estate of the plaintiff spouse in case of such plaintiff's intestacy. Any entitlement a spouse may have to alimony shall be decided on the basis of factors set forth in § 36-5-121. However, when the cause of divorce is irreconcilable differences under § 36-4-103, subsection (a) shall not apply if the parties have entered into a written marital dissolution agreement wherein the plaintiff consents to the payment to the defendant of alimony, either in lump sum form or periodic payments; provided, that such marital dissolution agreement is approved by the court granting the decree of divorce. Acts 1983, ch. 414, § 6; T.C.A., § 36-840; Acts 1987, ch. 390, § 5; 2005, ch. 287, § 4. Cross-References. Effect of divorce, annulment, or decree of separation on entitlement to decedent's estate, § 31-1-102 . Law Reviews. Marital Property in Tennessee: An Evolution, Not a Revolution (Sheryl S. Scheible), 15 Mem. St. U.L. Rev. 475 (1985).

Source: official Tennessee text · Last verified 2026-08-27

Frequently Asked Questions About Tennessee § 36-5-105

What does Tennessee Code Annotated § 36-5-105 cover?

Section 36-5-105 ("Intestacy of plaintiff spouse — Effect on alimony.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Tennessee § 36-5-105?

A common citation format is "Tennessee Code Annotated § 36-5-105" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Tennessee law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.

How does Tennessee § 36-5-105 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.