Tennessee Divorce Property Division

What the Law Says

Tennessee courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50.

Tennessee divides marital property — separate property is excluded — “in proportions as the court deems just” under Tenn. Code Ann. §36-4-121(a)(1), without regard to marital fault and with no presumption of equal division. §36-4-121(c) enumerates thirteen factors, from the duration of the marriage and each party's age, health, earning capacity, and needs through contributions to the other's earning power, contribution or dissipation of property, separate-property values, economic circumstances, tax consequences and foreseeable asset expenses, closely held business valuation evidence, Social Security benefits, the equities between the parties, and — added by 2022 Tenn. Pub. Acts ch. 762 — the amount, source, and reasonableness of attorney fees and expenses paid by each party. The 2022 act also requires courts to equitably allocate marital debt.

Division Factors (Tenn. Code Ann. §36-4-121)

What Tennessee courts weigh:

1. Duration of the marriage (Tenn. Code Ann. §36-4-121(c)(1))
2. Age, physical and mental health, vocational skills, employability, earning capacity, estate, financial liabilities, and financial needs of each party (§36-4-121(c)(2))
3. Tangible or intangible contribution by one party to the education, training, or increased earning power of the other party (§36-4-121(c)(3))
4. Relative ability of each party for future acquisitions of capital assets and income (§36-4-121(c)(4))
5. Contribution of each party to the acquisition, preservation, appreciation, depreciation, or dissipation of the marital or separate property, including the contribution of a party as homemaker, wage earner, or parent (§36-4-121(c)(5))
6. Value of the separate property of each party (§36-4-121(c)(6))
7. Estate of each party at the time of the marriage (§36-4-121(c)(7))
8. Economic circumstances of each party at the time the division of property is to become effective (§36-4-121(c)(8))
9. Tax consequences to each party, costs associated with the reasonably foreseeable sale of an asset, and other reasonably foreseeable expenses associated with the asset (§36-4-121(c)(9))
10. In determining the value of an interest in a closely held business or similar asset, all relevant valuation evidence, including any marketability or lack-of-control discount and any control premium (§36-4-121(c)(10))
11. Amount of social security benefits available to each spouse (§36-4-121(c)(11))
12. Such other factors as are necessary to consider the equities between the parties (§36-4-121(c)(12))
13. Total amount of attorney fees and expenses paid by each party in connection with the proceedings, whether the fees were paid from marital or separate property, and the reasonableness and necessity of the fees (§36-4-121(c)(13), added by 2022 Pub. Ch. 762)

Common Questions