Tennessee Property Distribution Laws

Tennessee Property Distribution Issues & Resources

Tennessee Property Distribution

In a Tennessee divorce action, each party will retain his or her separate property. Separate property is property that was: 
  • acquired prior to marriage; 

  • by gift or inheritance; 

  • in exchange for any separate property, or 

  • obtained from income or appreciation of separate property, if the other spouse did not contribute to the preservation and appreciation.

In a Tennessee divorce action, all marital property will be divided including: 

  • any property acquired during the marriage by either spouse; 

  • any increase in value of any property to which the spouses contributed tot the upkeep and appreciation; and 

  • any retirement benefits, is divided by the court and after a consideration of the following factors:

    • the contribution of each spouse to the acquisition, preservation, appreciation, or dissipation of the marital property, including the contribution of each spouse as homemaker, wage-earner, or parent; 

    • the value of each spouse's property; 

    • the economic circumstances of each spouse at the time the division of property is to become effective; 

    • the length of the marriage; 

    • the age and health of the spouses; 

    • the vocational skills of the spouses; 

    • the liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income; 

    • the federal income tax consequences of the court's division of the property; 

    • the present and potential earning capability of each spouse;

    • the tangible and intangible contributions made by one spouse to the education, training, or increased earning power of the other spouse; 

    • the relative ability of each party for the future acquisition of capital and income; and 

    • any other factor necessary to do equity and justice between the spouses.

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