The myth of the 50/50 split in divorce cases – Not the case in Tennessee

23 September 2010 Categories: All Blogs, Family Law and Divorce

Many people have heard that when you get divorced, each party gets half. That is not the case in Tennessee. If it was the case, many divorce cases would not be hung up in the court system for as long as they are because the property division is often what the parties are fighting over.

Tennessee is a dual property state, in which, during a divorce, all the assets of the parties are classified as either separate property or marital property. Separate property consists of inheritance, gifts, and property that each party had before the marriage. Marital property is often described as everything else. Separate property can be converted to marital property through transmutation or comingling of funds and depends on a series of factors, including the intent of the parties.

Once the property is classified as either separate or marital property, the court must divide the marital property in an equitable way. It is important to note that equitable does not always mean equal. Some of the factors that the court will look at include:

• Duration of the marriage
• Age of the parties
• Health of the parties
• Vocational skills and earning capacity
• Size of the marital estate
• Separate property of each party
• Debt obligations
• Contributions to the other party’s ability to make money
• Property outside the state of Tennessee

As you can tell, property division in a divorce in Tennessee is a very fact specific determination and you cannot rely on the myth that each party will get half. If you find yourself going through a divorce where this is an issue, you should contact a licensed Tennessee Attorney to discuss your specific situation and get the help you need.

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