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Tennessee Property Distribution Laws

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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