Family LAW

Property division is one of the most contentious issues in divorce. Ensuring that your property division agreement is drafted, negotiated and finalized properly is critical to your future. In Tennessee, it is possible to protect assets and money that was acquired prior to marriage, but assets and money acquired during the marriage will be divided.

Tennessee is an equitable distribution state, which means that marital property, including debts, will be divided fairly between spouses, but not necessarily in a 50-50 ratio.

• What is marital property? All property acquired during the marriage, including real estate, bank account funds, brokerage account funds, retirement account funds, gifts, inheritances, business property and debts.
• What is nonmarital property? All property (also known as "separate property"), including debts, acquired prior to the marriage, usually consisting of gifts, inheritances, savings, and some real and business property.

These days, debt and division of retirement benefits (e.g., 401(k) plans and pensions) are some of the largest items in property division agreements. Our attorneys will work hard to protect your interests and help you make informed decisions throughout the legal process.

The court considers at least a dozen factors in addition to the balance of separate property between the spouses in making decisions regarding your property division agreement. If one spouse has substantially more separate property, the other spouse might be awarded a greater portion of marital property.

The court might also rule that separate property be part of the agreement and distributed equitably if it has been commingled; if evidence exists to show that there has been an intention of making it marital property (called transmutation); or if both spouses contributed to the appreciation of nonmarital property.