# Tenn. Code Ann. § 36-5-105: Intestacy of plaintiff spouse - Effect on alimony

> Tennessee · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C5_S36-5-105

## Section

- **Citation:** Tenn. Code Ann. § 36-5-105
- **Heading:** Intestacy of plaintiff spouse - Effect on alimony
- **Jurisdiction:** Tennessee
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TN Code / Title 36 / Chapter 5 / Section 36-5-105

## Text

(a) (1) 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. (2) Any entitlement a spouse may have to alimony shall be decided on the basis of factors set forth in § 36-5-121 . (b) 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.
(a) (1) 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. (2) Any entitlement a spouse may have to alimony shall be decided on the basis of factors set forth in § 36-5-121 .
(1) 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.
(2) Any entitlement a spouse may have to alimony shall be decided on the basis of factors set forth in § 36-5-121 .
(b) 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.

## 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)
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- [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)
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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T36_C5_S36-5-105. Check the current official text before relying on it. Not legal advice.