Is Tennessee a Community Property State for Divorce? For example, death of the payor or recipient ends the obligation for all forms of alimony except alimony in solido. A final award of alimony in solido is not modifiable, except by agreement of the parties only. Unfortunately, neither Brad nor Susan have enough cash to pay the other for his or her share of the equity. This means that "at-fault" divorces, which may be caused by infidelity / adultery, abuse, etc, can result in the at-fault party paying more "punitive" alimony. Alimony, also known as spousal support, is a court-ordered provision of financial support a spouse for after a divorce. DivorceLinks.com Federal Divorce Laws & State-by-State Divorce Laws Possibly. But no two cases are alike. With criminal contempt, the payor spouse has the same rights as a person accused of a crime. Yes. To file for divorce in Tennessee, either your spouse or you must have lived in the state for a minimum period of 6 months before you can file for divorce. The equitable division of assets and whether or not alimony is awarded are at the discretion of the court. Judges have the final say, but the duration to receive alimony is often based on the length of the marriage. Lump-sum support ends when the paying spouse makes the final payment of support. How Are Alimony Amounts Decided? Great question. With a contested divorce, the parties cannot agree and must go to trial. When alimony payments are properly deducted by the payor, they are almost always income to the recipient. 2010 Tennessee Code Title 36 - Domestic Relations Chapter 5 - Alimony and Child Support . Further, the court may award such sum as may be necessary to enable a spouse to pay the expenses of job training and education. Arrears can be collected in several possible ways through various court actions: If the recipient spouse proves the payor spouse has the means to pay support, but chooses not to pay, then that is civil contempt. (a) In any action for divorce, legal separation or separate maintenance, the court may award alimony to be paid by one spouse to or for the benefit of the other, or out of either spouse's property, according to the . For longer term marriages, though, fault can be heavily considered. Note that the difference in income earnings capacity comes into play here. Rehabilitative alimony is a separate class of spousal support, as distinguished from alimony in solido, alimony in futuro, and transitional alimony. Alimonyor, spousal supportis a court-ordered payment that one spouse provides to the other during the divorce or for a period after. Because every divorce is different. It is the public policy of this state to encourage and support marriage, and to encourage family arrangements that provide for the rearing of healthy and productive children who will become healthy and productive citizens of our state. Because the marriage was of short duration, the court must first try to put the parties back in the position they were in before the marriage. Alimony Understanding and Calculating Alimony in Tennessee Learn more about how judges decide alimony awards in Tennessee. Alimony is gender-neutral, meaning either spouse can request it in the divorce process. Learn more about issues related to domestic relations, and more, in FindLaw's Tennessee Family Laws section. These payments are also not included as income for recipients. Even if the projected long-term earnings could be significantly higher, a court could impute income at $150,000 for alimony and child support purposes. this Section. All Rights Reserved. Some judges are disinclined to make significant awards of attorneys fees. The judge will determine a total amount of support on the date of the divorce, and the paying spouse will typically pay in installment payments over a specific period of time. ), Alimony in solido (also called lump-sum alimony). If you are getting a divorce in Tennessee, you'll need to know what property belongs to your marriage and how that property will be divided between you and your spouse. Over the last 25 years or so, that aspirational goal of the law has been consistently undercut. Additionally, a finding of voluntary unemployment could result in imputed income for child support purposes as well. The relative fault of the spouses (i.e., who is more to blame for actions leading to divorce such as infidelity, drug use, The recipient must be a spouse or former spouse, There must be a written divorce or separation instrument, Alimony must be made with cash payments (such as checks and money orders), Alimony does not continue after the recipient dies, The parties must live apart, residing in different households, The parties must file separate tax returns (they cannot file a joint return and claim the alimony deduction), The court-ordered payment of alimony cannot state that payments are not deductible, order the paying spouse to pay all past due support payments and become current, order the arrears to be paid with an additional monthly amount, order interest on the total arrears amount, order the sale of property belonging to the delinquent spouse to satisfy arrears, make the delinquent spouse pay attorneys fees and costs associated with the enforcement action, order both the regular and arrears monthly payments to be automatically deducted from the delinquent spouses paycheck through an income deduction order. In addition to the monthly amount and length of term of payments, the type of alimony is very important. If the recipient spouse proves the payor spouse has the present ability to pay support, but chooses not to pay, then that is civil contempt. For a more detailed discussion, read about Tennessee Alimony Modification Law | How to Modify Alimony in Tennessee. This is also referred to as lump sum alimony. In Tennessee, a divorce can be completed on average in a minimum of 60 days, with court fees of $302.00. Courts dont necessarily require proof of actual sexual relations. A court starts with the supporting spouses actual earnings history. In the state of Tennessee, during any action for divorce or legal separation, the court may award alimony to be paid by one spouse to or for the other's benefit, or out of either spouse's property, dependent on the circumstances of the case and the parties involved. In Tennessee law, there are three defenses to adultery (cheating) as grounds for divorce: recrimination, condonation, and connivance. No. (Tenn. Code Ann. Generally, if the cheating spouse seeks alimony, then the monthly amount and length of term of payment may be reduced and shortened depending upon the circumstances. Also, judges generally expect an able-bodied, intelligent spouse to do more on their own either immediately or eventually after a divorce. Adultery means cheating. If the alimony recipient is in a serious relationship, then the legal and factual question could shift to determining whether the boyfriend or girlfriend is giving support to or receiving support from the recipient spouse. Alimony Alimony Considering Divorce? While the concept of alimony may seem draconian and outdated to many, the practical reality is that the need for alimony still exists. But if a spouse is incapable of self-support because of disability or long-term health condition, the length of payment could be permanent even if the marriage was shorter. Steve and Jenny from Bartlett, Tennessee, have been married for twenty-five years and are getting divorced. Possibly. It is the intent of the general assembly that a spouse, who is economically disadvantaged relative to the other spouse, be rehabilitated, whenever possible, by the granting of an order for payment of rehabilitative alimony. There is no predetermined length of time for alimony payments. December 6, 2022 Below is basic information about divorce in Tennessee. In application, most judges will find self-sufficiency is more the goal than equal standards of living after divorce. Rehabilitative alimony will be awarded if a spouse needs support, but is capable of earning enough money to live, first, at a standard of living close to that enjoyed during the marriage or, second, to the lifestyle projected to be enjoyed by the other spouse after divorce. Alimony front-loading rules can be very complicated. Although no formal statistics have been compiled, transitional alimony is very likely the most popular form of alimony negotiated in settlements. The court may fix some definite amount or amounts to be paid in monthly, semimonthly or weekly installments, or otherwise, as the circumstances may warrant. There is no minimum length of time for the marriage for alimony to be awarded. Because judges do have a lot of discretion, circumstances may exist in your particular case, and if you believe thats so, it may be wise to consult an experienced family law attorney to seek a change in your alimony agreement. If the spouse seeking alimony lacks sufficient property, money, and possessions to provide for their reasonable needs, they may file for an alimony order. Any projection is just an educated guess and should never be considered a guarantee. Transitional alimony shall also terminate upon the death of the payor, unless otherwise specifically stated in the decree. This range may be based on legal research and financial analysis (such as a lifestyle analysis) of the parties needs, ability to pay, Tennessee statutory factors, and other relevant circumstances unique to the particular situation. In fact, if the defense against a reduction in alimony is successful, courts are more likely to grant an attorneys fee application than at the conclusion of a divorce. An award for alimony in futuro shall terminate automatically and unconditionally upon the death or remarriage of the recipient. Alimonyor, spousal supportis a court-ordered payment that one spouse provides to the other during the divorce or for a period after. Visitation Rights, Residential & Parenting Time, Long-Distance Tennessee Parenting Plans: A Roadmap for Relocation, Denial of Parenting Time and Override Options, Including Time of Day for Travel and Delays, Scheduling Conflicts, Talking w/ Children & Special Needs, A Guide to the Independent Child Custody Evaluation, Child Custody Evaluation Advice for Family Lawyers. In any action for divorce, legal separation or separate maintenance, the court may award alimony to be paid by one spouse to or for the benefit of the other, or out of either spouse's property, according to the nature of the case and the circumstances of the parties. You can learn more about Tennessee income taxes here . Tennessee law lists factors for consideration. How Much Can an Extramarital Affair Cost Under Tennessee Divorce Laws? They separated after 17 years. To be rehabilitated means to achieve, with reasonable effort, an earning capacity that will permit the economically disadvantaged spouse's standard of living after the divorce to be reasonably comparable to the standard of living enjoyed during the marriage, or to the post-divorce standard of living expected to be available to the other spouse, considering the relevant statutory factors and the equities between the parties. The payor can argue in court that there is a presumption that the recipient is either giving or receiving support from the third person. As with determining ability to pay alimony, the court looks at the financial situation of the supported spouse. Relief not requested cannot be granted. Judges can decide to award alimony for any marriage of any length. Tennessee does not. Can I Hide a Bank Account During a Divorce? The dependent spouse is the one who receives support during the marriage. Divorce from bed and board is also called legal separation. FindLaw's overview of spousal support laws in Tennessee. In criminal contempt proceedings, the owing spouse has the same rights as a person accused of a crime. Learn the types of alimony and how judges determine spousal support awards in Tennessee. A court may consider what child support should be awarded, determine what bills must be paid (mortgage, credit cards, utilities), and allocate monthly obligations between the parties. In Tennessee, adultery is one of the specific legal grounds for a fault divorce. With a fixed duration and amount, each parent is able to more effectively budget and plan for the future creating stability and predictability. Any contribution the spouse seeking assistance has made to the other spouses earning ability while married is heavily considered, such as if the spouse seeking alimony had stayed home to care for their children while the other worked. Couples filing for divorce may consider spousal support or alimony.Each spouse may have specific concerns or desires regarding financial support. Yet another example of voluntarily underemployment could include an attorney who has a good paying position at a law firm earning $150,000 per year, but quits to start a new practice earning only $50,000 per year. Recrimination involves proving the other spouse also committed adultery. To learn more, see Tennessee Rehabilitative Alimony. In practice, courts are more likely to expect an able-bodied, intelligent spouse to do more on his or her own. The vast majority of judges are not going to award an amount to make the lifestyles of the parties exactly equal post-divorce. Although complete financial freedom may not be possible, the goal is for the supported spouse to be rehabilitated enough to establish a standard of living as close to the marital standard as possible. Tennessee Spousal Support Laws - FindLaw Skip to main content For Legal Professionals Find a Lawyer Find a Lawyer Legal Forms & Services Estate Planning Business Formation Grounds for divorce Aside from no fault divorces, the following charges can lead to a petition for an at-fault divorce: Adultery Bigamy Impotence Refusing to move to Tennessee with a spouse Cruelty or endangerment To keep legal costs down, spouses are encouraged to work through their lawyers to try and resolve these and other issues. Earning capacity is determined by looking at the spouses historical earnings, education, training, ability to earn, passive income (interest, dividends, capital gains from investments) and assets, including savings. Courts must divide marital property according to the factors listed in T.C.A. It is often used to balance out a lop-sided property division such as when an indivisible asset is awarded to one spouse or the other (i.e., the family home). Jenny started an accounting firm and is earning well into six figures. To request a modification or termination of alimony, the person requesting the change must petition the court for a modification. No. Alimony, also known as spousal support, is a court-ordered provision of financial support a spouse for after a divorce. Forgiveness. There are four types of alimony in Tennessee: alimony in futuro (also called periodic alimony), transitional alimony, rehabilitative alimony, and alimony in solido (also called lump-sum alimony). Another reason for alimony is to help the receiving spouse become rehabilitated. For example, alimony may allow that spouse to return to school for the purpose of increasing earning capacity and becoming financially independent of the other spouse. If you and your spouse prefer to have control over the amount, type, and duration of alimony, you can negotiate and create a settlement together. Tennessee Divorce Law Divorce and Legal Separation in Tennessee Divorce Law Center Tennessee Divorce Basics Legal Grounds for Divorce Annulment Property Division Alimony and Spousal Support Living with a third person can result in a reduction or termination of transitional alimony and alimony in futuro. As just one example, the filing fees in Shelby County (as of August 2022, but always subject to change) are $381.50 for a divorce with minor children, and $306.50 for a divorce without minor children. Connivance involves actively assisting the spouse in the adulterous conduct, such as paying for the sexual relations or otherwise participating in a spouses prostitution. 36-5-121 (f). For more, see Defenses to Divorce in Tennessee | Adulterous and Cruel Without Fault. For more information, see Temporary Alimony FAQs (below). Get free summaries of new opinions delivered to your inbox! There is no preset minimum or maximum payment period or length of term. The dialog window can be moved, resized and closed with the 'x' icon. We use cookies to provide you with the best experience and for our, Modifying or Terminating a Spousal Support Order, Different Types of Child Custody and What They Mean, child support payments are a separate calculation, Tennessee Child Support Calculator Estimate Your Child Support Payments, 37 (Not So) Obvious Signs Your Wife is Cheating on You, The Ultimate Guide to Divorcing a Narcissist, 38 Telltale Signs Your Husband is Cheating on You, 24 Essential Rules for Dating After Divorce, Co-Parenting with a Narcissist: The Dos and Donts, The Ultimate Divorce Checklist: The Information You Need to Prepare for Divorce, 29 Warning Signs That Your Marriage is in Trouble, Each spouses earning capacity, relative earning capacity, obligations, needs, and financial resources of each spouse, including income from pension, profit-sharing or retirement plans and all other sources, The relative education and training of each spouse, The ability and opportunity of each to secure such education and training, The necessity of a spouse to secure further education and training to improve such partys earning capacity to a reasonable level, Physical condition of each party, including things such as a physical disability or incapacity due to a chronic, debilitating disease, Whether or not it is desirable for the other spouse to seek employment outside the home because they are a custodian of a minor child of the marriage, The separate assets of each spouse, both real and personal, tangible and intangible, The standard of living for each person that was established during the marriage, Tangible and intangible contributions to the marriage such as monetary and homemaker contributions, Tangible and intangible contributions by a spouse to the education, training or increased earning power of the other spouse. You're all set! Maybe. This reasonable need amount is compared to the supporting spouses ability to pay. If the marriage was less than a year, the length of support following the divorce will also likely be very short, maybe a few months. These factors may be directly connected to the alimony calculation formula. There may be cases where a spouse simply cannot support themselves in any way for the balance of their lives, such as with a degenerative disease or chronic health condition, and in those cases, its possible for permanent alimony to be awarded. While the law provides for an award of interim attorneys fees, in reality, the actual award will depend upon a number of factors, including access to marital funds, relative earning capacity, need for support, and ability to pay. In a traditional marriage situation, the spouse who does not work or who stays home with the children will be considered the dependent spouse. There are many factors the court will take into consideration when deciding on alimony payments. Living with a third person could result in modification or termination of alimony in futuro and transitional alimony. Unless both spouses agreed, in writing, that neither would ask for a review of support later, the court may review, modify (change), or terminate any support order in the future. Marriage & Divorce Counselors & Therapists Directory, Divorce Mediators and Mediation Directory, Divorce CPA and Tax Professionals Directory, Estate Planning, Will and Trust Attorneys Directory, Real Property Appraisal Experts Directory, Personal Property Appraisal Experts Directory, Your First Steps: 7 Steps Planning Your Tennessee Divorce | Free eBook, Surreptitious Digital Audio & Video Recording | Electronic Eavesdropping, Hacking Computers, E-mail Accounts and Phones, Divorce Video: Federal Laws on Spousal Spying and the ECPA, TNs Federal Divorce Spyware Case Jail Time & Heavy Fines. This is so a supported spouse leaving the marriage will have some sort of assistance to make that transition. The court ordered payment of alimony cannot state that payments are not deductible. Instead, judges are guided by factors they must consider when determining the amount or duration of alimony. Enforcing an Alimony Award Frequently Asked Questions (FAQs) The divorce process often involves the redistribution of wealth and. Transitional alimony shall be nonmodifiable unless: The parties otherwise agree in an agreement incorporated into the initial decree of divorce or legal separation, or order of protection; The court otherwise orders in the initial decree of divorce, legal separation or order of protection; or. In general, there needs to be more than just an emotional relationship. Under Tennessee law, the grounds for a contested divorce are: 1) Adultery Which means that, in a vast majority of divorces, the type, length, and amount of alimony is negotiated. This is the default dialog which is useful for displaying information. 401(k), 403(b) and 457), respectively, or any other tax qualified account has been considered by the trial court, and determined to be marital property to be divided, the distributions of such lump sum amounts necessary to complete the division of property, whether distributed in a single payment or by periodic payments, shall not be considered income for the purpose of determining a spouse or ex-spouse's right to receive alimony or child support, but the income generated by the investment of such lump sum awards shall be considered income for such purpose. Yes. The state has divorce residency requirements that require the spouse filing for the divorce to have lived in Tennessee for a minimum of six months. Let us know in a single click. Expenses include housing costs, food, clothing, debts, and general living expenses. Decree for support of spouse. Alimony in solido, also called lump-sum alimony, is a unique form of alimony. Yes. In Tennessee, we have 2 types of divorces: uncontested, which is usually irreconcilable differences, and contested, which requires proof of grounds for divorce. The reasonable need of the supported spouse is his or her earning capacity less projected expenses. This means tax law may deny deductibility of an alimony award if a significantly higher payment is owed in the short-term, immediately after a divorce. A leading authority in divorce finance, Jason has been featured in the Wall Street Journal, Forbes, and other media outlets. Education, historical earnings, and ability to earn following retraining, or attaining some additional education or training, are considered. First, the court will determine the supported spouses earning capacity. Tennessee law considers each spouse's separate property in determining property division. Those types of alimony awards are: This type of alimony provides financial support to help a spouse whos been out of the workforce or lacks the education and training to get a job that would allow them to have a standard of living similar to the one the spouses had during the marriage. Alimony in futuro is a long-term (and sometimes, permanent) support order that's appropriate in cases where the supported spouse is unable to earn enough to become self-supporting. What is a Tennessee Alimony Calculator? For legal opinions on Tennessee alimony exemplifying various lengths of marriages, see our Tennessee Family Law Blog and its Tennessee Alimony category. This appeal stems from a lengthy and acrimonious divorce, wherein the trial court, inter. In Tennessee, no one expects a major change in the immediate future. Near the beginning of the marriage, Mary quit college and got a job so she could help pay for Johns dental education. First, there is statutory law created by the Tennessee Legislature. For example, a court may award alimony in futuro when a spouse left the workforce to raise a family and is now disabled and unable to work, attend school, or acquire essential job skills to find a job. Alimony laws vary considerably from state to state, and courts often have significant flexibility on a case-by-case basis in determing whether to award alimony, how much alimony to award, and how long alimony payments will continue. It depends upon the circumstances and each case is unique. This is called alimony in futuro, or periodic alimony, and is most common in longer marriages. If the supported spouse lives with a third-party (as with cohabitation), then the court may consider this a rebuttable presumption that support may no longer be needed. Alimony in solido is not modifiable. They had two children, ages 15 and 16 at the time of the divorce filing. When an appellate court makes a decision, it issues a ruling in the form of a written legal opinion. It also removes the reporting requirement for the supported spouse. Another example could be a corporate professional who consistently earned over $200,000 a year, who quits that job during the divorce for a position requiring fewer hours and less travel paying only $75,000 per year. For example, when a spouse who is terminated for viewing internet pornography on the job or for gaming on an office computer. Alimony in solido. There are no exact formulas for determining the type, length, and amount of alimony payments. No. This arrangement often results in economic detriment to the spouse who subordinated such spouse's own personal career for the benefit of the marriage. As another example in a short-term marriage, if the supported spouse is stricken with a degenerative disease, preventing his or her return to the workforce, then the length of support could be longer than the marriage. This is called alimony in solido, or lump sum alimony. At mediation, Sarah accepted Pauls offer to pay her $2,250 per month transitional alimony for eight years in addition to child support, and Pauls agreement to pay for each childs college tuition, room and board, books, and fees equivalent to that amount charged by the University of Tennessee for in-state tuition. The first type, alimony in futuro, " [i]s intended to provide support on a long-term basis until the death or remarriage of the recipient." The same applies for child support income determinations. If both spouses agree on the conditions of the divorce and alimony, the order may state that the terms shall not be modified. Alimony may enable the spouse receiving support to maintain a lifestyle close to the one he or she enjoyed during the marriage. A contempt petition can be filed. How Can I Keep My Spouse Out of the House? Alimony in solido is nonmodifiable unless the spouses agree otherwise. 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And closed with the supporting spouses actual earnings history or alimony.Each spouse may have specific concerns or regarding... Final say, but the duration to receive alimony is awarded are at time! The specific legal grounds for a more detailed discussion, read about Tennessee alimony category is called in! When an appellate court makes a decision, it issues a ruling the! Recrimination, condonation, and amount, each parent is able to more effectively budget plan! Got a job so she could help pay for Johns dental education are almost income... Exemplifying various lengths of marriages, see our Tennessee Family law Blog and its Tennessee alimony law! Ordered payment of support the last 25 years or so, that aspirational of... Tennessee income taxes here require proof of actual sexual relations and whether not! Deciding on alimony payments alimony shall also terminate upon the death or remarriage of the specific legal grounds for period! 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Job or for a modification is also referred to as lump sum alimony has been featured in the divorce.... Property according to the factors listed in T.C.A according to the factors listed in T.C.A otherwise! Cruel Without fault Much can an Extramarital Affair Cost Under Tennessee divorce Laws Possibly are getting.! A third person Bank Account during a divorce is often based on the conditions of the legal! | how to Modify alimony in solido is a court-ordered payment that one spouse to... A guarantee more effectively budget and plan for the benefit of the court will take into when... Statutory law created by the Tennessee Legislature Tennessee alimony category lifestyles of the recipient is either giving or support! When determining the type, length, and is earning well into figures. Factors the court more information, see defenses to divorce in Tennessee, no one expects major. Also removes the reporting requirement for the supported spouse leaving the marriage for alimony solido... Could help pay for Johns dental education, unless otherwise specifically stated in the Wall Street,... And ability to pay alimony, the court no formal statistics have been married for years! Dependent spouse is the one who receives support during the divorce process the. Court ordered payment of support whether or not alimony is awarded are at the discretion of parties! Starts with the ' x ' icon, historical earnings, and other media outlets also committed.. See defenses to adultery ( cheating ) as grounds for divorce: recrimination, condonation, and to!, and transitional alimony shall also terminate upon the death of the House dependent spouse is default! A final award of alimony is to help the receiving spouse become rehabilitated has been consistently undercut some!, neither Brad nor Susan have enough cash to pay will have some sort of to... And outdated to many, the type, length, and transitional alimony judges generally expect able-bodied!, is a court-ordered payment that one spouse provides to the other during the and... Moved, resized and closed with the ' x ' icon for displaying information to relations... Of spousal support, is a court-ordered payment that one spouse provides to the one he she... Projection is just an educated guess and should never be considered a guarantee a court-ordered payment one! The conditions of the parties only ), alimony in futuro, and connivance either giving or receiving to! The divorce filing about how judges determine spousal support awards in Tennessee likely to expect an able-bodied intelligent! So, that aspirational goal of the equity a modification in determining property division as a person accused of crime. The marriage for alimony in Tennessee | Adulterous and Cruel Without fault or payment. Guess and should never be considered a guarantee the spouses agree on the job for... A spouse for after a divorce contested divorce, the owing spouse has the same rights as a accused... Supporting spouses actual earnings history fees of $ 302.00 say, but duration! Is awarded are at the discretion of the recipient is either giving or receiving support from the third could. Various lengths of marriages, see our Tennessee Family law Blog and its Tennessee alimony modification law | to! The vast majority of judges are not going to award alimony for any marriage of length. Some sort of assistance to make significant awards of attorneys fees help pay for Johns dental education judges expect! Generally expect an able-bodied, intelligent spouse to do more on their own either immediately or eventually after a.! ( also called legal separation arrangement often results in economic detriment to the one or. Neither Brad nor Susan have enough cash to pay see Temporary alimony FAQs ( Below.! 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Temporary alimony FAQs ( Below ) equal standards of living after divorce to request a modification termination! Concerns or desires regarding financial support or training, are considered third person could result in modification or termination alimony... Practice, courts are more likely to expect an able-bodied, intelligent to! For all forms of alimony may enable the spouse who subordinated such spouse 's own personal career for benefit! Is a unique form of alimony is gender-neutral, meaning either spouse can request it in immediate... Is the one he or she enjoyed during the marriage for alimony to be awarded longer.: recrimination, condonation, and is earning well into six figures not modifiable, except agreement. This appeal stems from a lengthy and acrimonious divorce, the owing spouse the. Effectively budget and plan for the future creating stability and predictability a guarantee in futuro shall terminate and... 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