When you get divorced in Tennessee, your judge will split your assets equitably. Now, that doesn’t necessarily mean 50/50, though sometimes it works out like that. An equitable distribution is based on what the judge thinks it fair for each spouse under the specific circumstances of your case. So, for example, if you keep the primary residence the judge might give your spouse the summer home, or if you have two cars in the same condition you might each keep one.
There are, however, some exceptions to the rule. Many of those exceptions have to do with your debts – especially ones that weren’t accumulated as a couple. The judge will also look at any assets you brought into the marriage, and that’s where things get complicated.
Keeping what’s yours
Let’s say you own a home, and your spouse moves into it. If you get divorced 10 years later, you might assume that the judge will let you keep that house, as you bought it before you got married. However, if you and your spouse paid the mortgage on that home from a joint account, or if your spouse otherwise contributes substantially to the preservation or appreciation of the home, the house may now be considered marital property, and you may have to buy your spouse out if you wish to keep it.
Judges in Tennessee have a lot of leeway when it comes to property and asset division, and Tennessee law requires them to consider a number of factors in making this determination. Therefore, it’s a good idea to speak to a family law attorney about what you can do to protect your things. Your lawyer might recommend:
- Negotiating before your case goes to court, so the process goes more smoothly
- Keeping separate bank accounts for individual purchases, so that anything you purchase after you separate but before you officially divorce can’t be called into question
- Getting a post-nuptial agreement even if you and your spouse aren’t talking about a divorce
- Making a list of items that are non-negotiable; you want to keep your mother’s jewelry, while your spouse won’t give up the flat screen television
- Not buying any property before your divorce is final, including a new home or car
Couples who are in business together, or who purchased insurance or IRAs, face special issues that require the expertise of an experienced divorce lawyer, since the law gives a lot of discretion in the division of these assets.
Karla C. Miller has devoted her entire career to the practice of family law in Tennessee. She attended Auburn University and Nashville School of Law, and upon graduation in 1996, she opened her own law firm and has been assisting families throughout Tennessee since then. Learn more about Karla C. Miller here.
