Are you going through a divorce in Tennessee? It’s important to know that Tennessee isn’t a 50/50 even divorce state. This means that when it comes to determining a settlement, courts consider factors such as financial contributions, earning capacity, and economic needs. Understanding Tennessee’s equitable distribution system is essential for navigating property division effectively.
In Tennessee divorce cases, marital property includes assets acquired during the marriage and is subject to equitable division. Alimony awards depend on financial need and earning capacity. Johnson, Murrell & Associates provides expert legal counsel to help you navigate these complexities and receive favorable outcomes.
Marital vs. Separate Property
Understanding the difference between marital and separate property is crucial in divorce settlements in Tennessee. Marital property refers to assets acquired by either spouse during the marriage, regardless of whose name is on the title. This property is subject to equitable division in a divorce.
This includes property contributed to during the marriage, such as:
- Income earned
- Real estate purchased
- Retirement accounts
Even debts incurred jointly are included.
On the other hand, separate property consists of assets owned by a spouse before the marriage or acquired individually through gifts or inheritance during the marriage. Examples include a home purchased prior to marriage, an inheritance left solely to one spouse, or personal gifts.
The classification significantly impacts the division of assets, with marital property being divided while separate property typically remains with the original owner. However, if separate property is commingled with marital assets—such as depositing inheritance funds into a joint account—it may be treated as marital property.
What Are You Entitled to in a Divorce Settlement in Tennessee?
So, what are you entitled to in a divorce settlement in Tennessee? That depends on our state’s equitable distribution laws. Equitable does not always mean equal. Unlike community property states that split marital assets 50/50, Tennessee courts aim for fairness rather than strict equality.
Assets acquired during the marriage (marital property) are subject to division, while property owned before marriage or acquired by gift/inheritance (separate property) typically remains with its original owner.
Equitable distribution means dividing marital property based on several factors, including:
- The length of the marriage
- Each spouse’s contributions (financial and non-financial)
- Earning capacity and financial needs
- The value of separate property
Courts often start with a 50/50 assumption but adjust for fairness. For example, if one spouse has a significantly higher earning potential or contributed more to preserving marital assets, the division might shift to 60/40 or even 70/30.
Possible outcomes include awarding the marital home entirely to one spouse or dividing retirement accounts proportionally. Debts incurred during the marriage are also equitably divided.
For instance, a woman might receive a larger share of assets if her financial circumstances post-divorce are less favorable than her former spouse’s. This helps Tennessee courts reach fair settlements tailored to each couple’s unique situation.
Alimony and Spousal Support
In Tennessee, alimony—also known as spousal support—is determined based on the recipient’s financial need and the payer’s ability to provide support. Courts recognize four types of alimony, each tailored to specific circumstances:
- Rehabilitative alimony: Short-term support to help the recipient gain education or training for self-sufficiency.
- Transitional alimony: Temporary assistance during the adjustment to single life.
- Periodic alimony (alimony in futuro): Long-term payments for ongoing financial disparity, often awarded in lengthy marriages.
- Lump-sum alimony (alimony in solido): One-time payment, typically part of property division.
Judges consider several factors when determining alimony awards, including financial need, earning potential, the standard of living during the marriage, and the duration of the marriage. Age and health of both spouses, as well as marital fault, are also determining factors.
For example, a person in poor health or with limited earning capacity may be entitled to periodic alimony to maintain their marital lifestyle. Similarly, transitional or rehabilitative alimony might be granted if they need time or resources to re-enter the workforce after years as a homemaker.
Judicial Discretion and Unique Circumstances
In Tennessee divorce cases, judicial discretion plays a significant role in determining how marital property is divided and whether alimony is awarded. Judges have broad authority to evaluate the unique circumstances of each case and certain circumstances can heavily influence outcomes.
This flexibility allows courts to account for factors such as:
- The length of the marriage
- Financial contributions
- Earning capacities
For example, if one spouse has dissipated marital assets, such as spending funds irresponsibly or hiding money, the court may adjust the division to compensate the other spouse. Similarly, child custody arrangements often impact decisions regarding the marital home. In some cases, a judge may award the home to the primary residential parent to provide stability for children.
Judicial discretion introduces an element of unpredictability, making skilled legal counsel essential for navigating property division and securing a favorable settlement. Experienced attorneys can present evidence effectively and advocate for fair treatment, ensuring that unique factors like financial needs or misconduct are properly addressed in court.
Johnson, Murrell & Associates Can Help with Your Case
Johnson, Murrell & Associates offers expert advice and effective representation for divorce settlements. Our attorneys are able to clearly explain the issues, outline options, and help you choose the best course of action.
With over 50 years of experience, we’ve successfully resolved numerous complex divorce cases. Our familiarity with East Tennessee and commitment to outstanding service make us a respected law firm that can help you navigate the complexities of divorce and maximize positive outcomes.
In Tennessee, marital property acquired during the marriage is divided equitably, while separate property, like pre-marriage assets or inheritances, usually remains with the owner unless commingled. Alimony depends on financial need and earning capacity, with courts ensuring fairness. Johnson, Murrell & Associates offers expert guidance to achieve favorable results.
Choosing Johnson, Murrell & Associates means choosing a team that knows how difficult the legal process can be. We take care of the heavy lifting, giving you peace of mind. For more information on how we can help with your case, call us at 865-453-1091 or contact us online.