Video Summary:

Tennessee is not a 50/50 community property state; instead, it follows the principle of equitable division, meaning marital assets are divided fairly, but not necessarily equally. Courts initially consider a 50/50 split as a starting point, but if one party believes they should receive a greater share, they must prove why it would be fair and just under the circumstances. Factors such as income disparity, health conditions, and employment history can influence the final division. For example, if one spouse is a high-earning CEO while the other has been a stay-at-home parent with limited job prospects, the court may award a larger share of assets to the financially disadvantaged spouse. While divisions beyond 60/40 are uncommon, exceptions are possible in cases of significant financial imbalance.

Video Transcript:

Tennessee is not a 50/50 community property state. Instead, the state follows the principle of equitable distribution, meaning that assets are divided based on fairness rather than an automatic equal split.

Courts typically begin by considering a 50/50 division as a baseline, but if one spouse believes they should receive a larger portion of marital assets, they bear the burden of proof to demonstrate why a more favorable division is equitable.

Several factors may influence the final division of assets, including:

• Length of the marriage

• Each spouse’s income and earning potential

• Health conditions or disabilities

• Contributions to the marriage (such as being a stay-at-home parent)

For instance, if one spouse is a high-earning CEO, while the other has spent years as a homemaker with limited employment prospects, the court may determine that a larger share of the assets should go to the financially disadvantaged spouse. In many cases, courts adjust asset division to 55/45 or even 60/40, but splits beyond that are rare unless exceptional circumstances warrant it.