Marital Property

Protecting Your Financial Future: Marital Property Division

At Hamer & Taylor, we understand that dividing marital property during a divorce can be complex and emotionally charged. Your financial future depends on ensuring that assets are equitably divided in a way that reflects your contributions to the marriage and your future needs. Our award-winning legal team is here to protect your rights, advocate for your fair share, and guide you through the division process with skill and strategy.

Whether you are negotiating property division amicably or facing a contested dispute, we work diligently to ensure a fair outcome. We handle all aspects of asset division, including real estate, retirement accounts, business interests, and debts, while advocating for an arrangement that sets you up for long-term financial stability.

Curious about how marital property is divided in a divorce? Find out the key details.


In this video, Dan Taylor breaks down the process of marital property division. For more in-depth information on specific topics, visit our Video Library to explore additional resources.

How Marital Property Is Divided in Tennessee

As explained by Dan Taylor above, Tennessee is an equitable distribution state, meaning marital assets are not automatically split 50/50. Instead, the court determines what is fair based on the unique circumstances of each case.

Judges typically begin with the assumption that a 50/50 split is fair but may adjust the division based on factors such as:

  • Length of the marriage

  • Each spouse’s income and earning potential

  • Health conditions or financial need

  • Contributions to the marriage (including homemaking and caregiving)

In cases where one spouse is at a significant financial disadvantage, the court may award a larger portion of the marital assets to ensure a fair outcome.

At Hamer & Taylor, we fight for what you deserve, ensuring that your financial future remains secure after divorce.

Wondering how dividing complex assets affects taxes in a divorce? Here’s what you need to know to protect your financial future.


In this video, Anne Hamer explains the complexities of marital property division and what it means for your financial future. For more details on specific topics, visit our Video Library for additional resources.

Handling Complex Marital Property Division

As Anne Hamer explains above, dividing high-value and diverse assets requires a strategic approach that considers the long-term financial and tax implications of each asset. A fair division isn’t just about splitting numbers—it’s about understanding the true value of what each party receives.

For example, a $500,000 home and a $500,000 retirement account may appear equal on paper, but in reality, they are very different assets. A 401(k) or IRA is taxed upon withdrawal, meaning its actual value is lower than its listed balance. A home, on the other hand, does not carry the same immediate tax burden.

When handling complex marital estates, we take a comprehensive financial approach, including:

  • Assessing the tax consequences of various assets

  • Creating a balance sheet to compare assets fairly

  • Factoring in future liabilities such as withdrawal penalties on retirement funds

  • Ensuring long-term financial stability in property division agreements

At Hamer & Taylor, we have the experience and financial insight necessary to protect your interests in complex marital property cases. We work closely with financial experts and tax professionals to make sure that your settlement sets you up for long-term success.

Have questions about your case? Contact us today—we're here to provide the guidance and support you need.