The Property Division Factors in Tennessee
Tennessee courts divide marital property after weighing the length of the marriage, each party’s age, health, earning capacity and needs, contributions, separate property, economic circumstances, taxes and dissipation, with homemaker and wage-earner contributions given the same weight.
The factors
In making an equitable division of marital property, the court shall consider all relevant factors including (Tenn. Code Ann. 36-4-121(c)):
| Factor | |
|---|---|
| (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 party |
| (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 as homemaker, wage earner or parent, with homemaker and wage-earner contributions given the same weight if each party has fulfilled his or her 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 |
| (10) | Such other factors as are necessary to consider the equities between the parties |
Dissipation
Factor (5) lets the court weigh wasteful expenditures that reduce the marital property or are made for a purpose contrary to the marriage; a spouse who dissipated assets can be charged with them in the division even though fault itself is excluded.
Homemakers and wage earners
The contribution of a homemaker and of a wage earner is given the same weight if each party has fulfilled his or her role.
Duration
Long marriages tend toward a division that places the parties as nearly as possible in the position they would have been in had they pooled everything; short marriages give more weight to who brought the property.
Evidence to gather
Appraisals, account and retirement statements, tax advice on each asset and records of contributions and of any large transfers or spending.
Questions to bring to an attorney
Ask which factors fit your facts and how a dissipation claim would be proved.
Next steps
Ask a licensed Tennessee attorney which factors fit your facts and test shares in the Tennessee property division calculator.
Frequently asked questions
What factors does Tennessee use for property division?
The duration of the marriage, each party's age, health, earning capacity and needs, contributions, separate property, estate at the marriage, economic circumstances, taxes and other equities.
Does Tennessee consider dissipation of assets?
Yes. Contributions to the acquisition, preservation and dissipation of property are a factor.
Does a homemaker’s work count in Tennessee?
Yes, with the same weight as a wage earner's contribution if each fulfilled his or her role.
Do taxes matter in Tennessee property division?
Yes. The tax consequences to each party are a factor.
Does marriage length matter in Tennessee?
Yes. It is the first factor, and long marriages tend toward a more even division.
Official sources
- Tennessee Court of Appeals opinion quoting the Tenn. Code Ann. 36-4-121(c) factors
- Tenn. Code Ann. 36-5-121(i)(8): marital property provisions as an alimony factor
- IRS Publication 555: community property states
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Tennessee statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Tennessee attorney.