Tennessee Equitable Distribution Guide

Tennessee is an equitable distribution state, meaning courts divide marital property fairly—but not necessarily equally. Under T.C.A. § 36-4-121, judges consider multiple factors to reach a just division, and importantly, marital fault doesn't affect property division. These rules apply whether you're pursuing a contested or uncontested divorce.

What Counts as Marital Property?

Tennessee law defines marital property as all real and personal property acquired by either spouse during the marriage, up to the date of the final divorce hearing. This includes:

• Real estate purchased during marriage
• Retirement accounts and pension benefits earned during marriage
• Business interests developed or grown during marriage
• Vehicles, investments, and bank accounts
• Appreciation of separate property due to marital contributions

Separate Property: What Stays Yours

Separate property is NOT divided in divorce. Tennessee recognizes these as separate:

• Property owned before marriage
• Gifts and inheritances received by one spouse
• Property acquired after a legal separation order
• Personal injury awards (pain and suffering, future medical expenses)
• Income from separate property (unless commingled)

Beware of commingling and transmutation—if separate property becomes "inextricably mingled" with marital property, it may lose its separate character.

How Courts Divide Property: The Statutory Factors

Under T.C.A. § 36-4-121(c), courts must consider all relevant factors including:

• Duration of the marriage
• Age, physical and mental health of each spouse
• Vocational skills and earning capacity
• Contributions to the marriage (including homemaker contributions)
• Value of separate property each spouse holds
• Dissipation of assets—wasteful spending that reduces marital property
• Tax consequences and costs of selling assets
• Economic circumstances at the time of division

Most judges start assuming a 50/50 split, then adjust based on the evidence. The final division is generally permanent and cannot be modified later.

Fault Doesn't Affect Property Division

Unlike some states, Tennessee explicitly requires courts to divide property "without regard to marital fault." Adultery, abandonment, or other misconduct won't change how property is split—though fault can affect alimony decisions.

Marital Debt: Who Pays What?

Courts also allocate marital debt equitably. Debts incurred during marriage for marital purposes are divided based on similar factors. Debts for non-marital purposes (like gambling) may be assigned solely to the spouse who incurred them.

Estimate Your Divorce Costs

Property division complexity significantly affects overall divorce costs. Use our calculator to estimate expenses:

Protecting Your Property Rights

To protect your interests in a Tennessee divorce:

• Document everything—gather account statements, tax returns, property records
• Trace separate property—maintain records proving pre-marriage ownership
• Avoid commingling—keep inherited assets in separate accounts
• Address retirement early—QDROs are required to divide qualified retirement plans
• Don't dissipate assets—wasteful spending can affect your share