• 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.

Click Here for Tennessee Message Board