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What factors are considered in dividing property? PDF Print E-mail
Written by Karen B. Hall   
Wednesday, 21 January 2009 20:34

Only property determined to be "marital property" is subject to division between the parties in a divorce.  In making an equitable division of marital property, the court shall consider all relevant factors including:

  1. The duration of the marriage;
  2. The age, physical and mental health, vocational skills, employability, earning capacity, estate, financial liabilities and financial needs of each of the parties;
  3. The tangible or intangible contribution by one party to the education, training or increased earning power of the other;
  4. The relative ability of each party for future acquisitions of capital assets and income;
  5. 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;
  6.  The value of the separate property of each party;
  7. The estate of each party at the time of the marriage;
  8. the economic circumstances of each party at the time the division of property is to become effective;
  9. 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;
  10. The amount of social security benefits available to each spouse; and
  11. Such other factors as are necessary to consider the equities between the parties.
Tenn. Code Ann. section 36-4-121
 
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