Frequently Asked Questions About Property Division

During divorce, a couple's assets and debts are divided according to Tennessee law. The Law Office of Robert M. Asbury has over 20 years of experience assisting families with complex divorces. Read the answers to my clients' most frequently asked questions below, and call me at 865-909-7290 with additional questions.

Is Property Divided 50-50 Between Divorcing Parties?

Tennessee law dictates that all marital assets and debts be divided "equitably" between divorcing spouses. However, equitably does not mean equally. The court will evaluate your family's circumstances and determine what each spouse is awarded.

How Do The Courts Decide How Much Each Spouse Receives?

A number of factors determine how the court will divide your assets. They evaluate each spouse's:

  • Contribution during marriage
  • Retirement benefits
  • Social Security benefits
  • Length of the marriage
  • Mental and physical health
  • Ability to provide for themselves

The courts do not consider fault when they determine asset division.

How Should I Prepare For Property Division?

Before you begin your divorce proceedings, you need to have a good understanding of your family's financial status. Evaluate bank statements, taxes, property holdings, debts and other major assets to understand what will be divided. This is also necessary to ensure that your spouse does not conceal major assets during the divorce.

How Does A Prenuptial Or Postnuptial Agreement Impact Property Division?

If you and your spouse signed a pre- or postnuptial agreement detailing how certain assets would be divided in the case of divorce, the contract will trump state division laws. These tools can be especially effective for couples undergoing a high-asset divorce, or for those who hold complex assets such as a small business.

Call Our Knowledgeable Attorneys For Counsel

If you are considering divorce, you deserve a trusted advocate on your side. Call The Law Office of Robert M. Asbury at 865-909-7290, or contact my Knoxville office online. Our experienced lawyers can address any of your questions about property division or divorce.