Memphis, TN family law attorney Daniel Loyd Taylor talks about how marital property is divided in a divorce. He points out that Tennessee is not a community property state, meaning it does not automatically require a 50/50 division of marital assets. Instead, Tennessee follows the principle of equitable distribution, which is based on what is fair under the specific circumstances of each case.

Judges in Tennessee often begin with the presumption that a 50/50 division is equitable. However, if one party believes they are entitled to more, the burden rests on them to prove to the court why a greater share would be fair.

For example, in a long-term marriage where one spouse is a high-earning executive in good health while the other has limited employment skills, has been out of the workforce for years, or suffers from a debilitating illness, an unequal division may be justified. In such situations, the financially disadvantaged spouse may receive a larger portion of the marital estate.

He notes that divisions of 55/45 or even 60/40 are not uncommon when circumstances warrant. Beyond 60/40, however, the request becomes more difficult to justify, though it is not impossible depending on the facts of the case.