# Tenn. Code Ann. § 36-5-102: Portion of spouse's estate decreed to spouse entitled to alimony or support - Maintenance of minor custodial parent > Tennessee · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C5_S36-5-102 ## Section - **Citation:** Tenn. Code Ann. § 36-5-102 - **Heading:** Portion of spouse's estate decreed to spouse entitled to alimony or support - Maintenance of minor custodial parent - **Jurisdiction:** Tennessee - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** TN Code / Title 36 / Chapter 5 / Section 36-5-102 ## Text (a) In cases where the court orders alimony or child support in accordance with §§ 36-5-101 and 36-5-121 , the court may decree to the spouse who is entitled to such alimony or child support such part of the other spouse's real and personal estate as it may think proper. In doing so, the court may have reference and look to the property that either spouse received by the other at the time of the marriage, or afterwards, as well as to the separate property secured to either by marriage contract or otherwise. (b) In addition to child support, a judge may require the noncustodial adult parent, who is not the legal spouse of the custodial parent, to pay an amount for the maintenance and support of the custodial parent if the custodial parent of the child is a minor. Such amount shall be determined by the court based on the noncustodial parent's ability to pay and shall be in addition to any court-ordered child support. Any order requiring the noncustodial parent to pay an additional amount for the maintenance and support of the custodial parent shall continue to be effective after the custodial parent reaches eighteen (18) years of age if the custodial parent is in high school. Such order shall continue until the custodial parent marries or graduates from high school or until the class of which the custodial parent is a member when the custodial parent attains eighteen (18) years of age graduates, whichever occurs first. As used in this subsection (b), "maintenance and support of the custodial parent" may also include counseling and other special medical services needed by the custodial parent. Code 1858, § 2469 (deriv. Acts 1841-1842, ch. 133, § 2); Shan., § 4222; Code 1932, § 8447; Acts 1979, ch. 339, § 2; T.C.A. (orig. ed.), § 36-821; Acts 1997 , ch. 134, § 1; 1998, ch. 1018, § 1; 2005, ch. 287, § 3. (a) In cases where the court orders alimony or child support in accordance with §§ 36-5-101 and 36-5-121 , the court may decree to the spouse who is entitled to such alimony or child support such part of the other spouse's real and personal estate as it may think proper. In doing so, the court may have reference and look to the property that either spouse received by the other at the time of the marriage, or afterwards, as well as to the separate property secured to either by marriage contract or otherwise. (b) In addition to child support, a judge may require the noncustodial adult parent, who is not the legal spouse of the custodial parent, to pay an amount for the maintenance and support of the custodial parent if the custodial parent of the child is a minor. Such amount shall be determined by the court based on the noncustodial parent's ability to pay and shall be in addition to any court-ordered child support. Any order requiring the noncustodial parent to pay an additional amount for the maintenance and support of the custodial parent shall continue to be effective after the custodial parent reaches eighteen (18) years of age if the custodial parent is in high school. Such order shall continue until the custodial parent marries or graduates from high school or until the class of which the custodial parent is a member when the custodial parent attains eighteen (18) years of age graduates, whichever occurs first. As used in this subsection (b), "maintenance and support of the custodial parent" may also include counseling and other special medical services needed by the custodial parent. Code 1858, § 2469 (deriv. Acts 1841-1842, ch. 133, § 2); Shan., § 4222; Code 1932, § 8447; Acts 1979, ch. 339, § 2; T.C.A. (orig. ed.), § 36-821; Acts 1997 , ch. 134, § 1; 1998, ch. 1018, § 1; 2005, ch. 287, § 3. ## Nearby sections - [Tenn. Code Ann. § 36-5-101 Child support order - Jurisdiction - Amount of support - Enforcement - Modification - Insurance - Scientific parentage tests](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C5_S36-5-101.md) - [Tenn. Code Ann. § 36-5-102 Portion of spouse's estate decreed to spouse entitled to alimony or support - Maintenance of minor custodial parent](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C5_S36-5-102.md) - [Tenn. Code Ann. § 36-5-103 Enforcement of decree for alimony and support](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C5_S36-5-103.md) - [Tenn. Code Ann. § 36-5-104 Failure to comply with child support order - Criminal sanctions - Inference of obligor's ability to pay](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C5_S36-5-104.md) - [Tenn. Code Ann. § 36-5-105 Intestacy of plaintiff spouse - Effect on alimony](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C5_S36-5-105.md) - [Tenn. Code Ann. § 36-5-106 Reports pursuant to Fair Credit Reporting Act](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C5_S36-5-106.md) - [Tenn. Code Ann. § 36-5-107 Disposition of incentive payments - Prohibition against agency use of payments for social and recreational purposes](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C5_S36-5-107.md) - [Tenn. Code Ann. § 36-5-108 Reserved](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C5_S36-5-108.md) - [Tenn. Code Ann. § 36-5-109 Construction](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C5_S36-5-109.md) - [Tenn. Code Ann. § 36-5-110 Termination of Acts 1985, ch. 477](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C5_S36-5-110.md) - [Tenn. Code Ann. § 36-5-111 Liability for clerk's fee](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C5_S36-5-111.md) - [Tenn. Code Ann. § 36-5-112 Responsible teen parent pilot project](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C5_S36-5-112.md) - [Tenn. Code Ann. § 36-5-113 Plans for payment of child support - Work requirements](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C5_S36-5-113.md) - [Tenn. Code Ann. § 36-5-114 Federally required state collection and disbursement unit for child and spousal support](https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C5_S36-5-114.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C5_S36-5-102. Check the current official text before relying on it. Not legal advice.