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Property Division Factors

Our Murfreesboro Divorce Lawyer Can Ensure You get Your Fair Share

Property division is often one of the most hotly contested issues in a divorce. Whether you are facing a contested or uncontested case, dividing your property can cause fights, anger, and frustration. There is, however, certain things that a divorce court will look at when helping settle any matters of property division.

In determining how to equitable divide the marital property the court will consider the following factors:

  • The duration of the marriage;
  • The age, physical and mental health, vocational skills, employability, earning capacity, estate, financial liabilities and financial needs of each of the parties;
  • The tangible or intangible contribution by one (1) party to the education, training or increased earning power of the other party;
  • The relative ability of each party for future acquisitions of capital assets and income;
  • The contribution of each party to the acquisition, preservation, appreciation, depreciation or dissipation of the marital or separate property, including the contribution of a party to the marriage as homemaker, wage earner or parent, with the contribution of a party as homemaker or wage earner to be given the same weight if each party has fulfilled its role;
  • The value of the separate property of each party;
  • The estate of each party at the time of the marriage;
  • The economic circumstances of each party at the time the division of property is to become effective;
  • The tax consequences to each party, costs associated with the reasonably foreseeable sale of the asset, and other reasonably foreseeable expenses associated with the asset;
  • The amount of social security benefits available to each spouse; and
  • Such other factors as are necessary to consider the equities between the parties.

See T.C.A. § 36-4-121

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