0:04
Tennessee is not a
0:07
5050 uh state which would some people
0:10
call a community property State
0:13
Tennessee is based on what is Equitable
0:16
under the circumstances of the case as I
0:19
said earlier there are a lot of
0:21
variables in each of these
0:23
categories Tennessee does start
0:25
out from the standpoint I have found
0:28
that virtually all our judges do this
0:30
they start out looking at both parties
0:34
and again as if we’re in court uh the
0:36
judge’s attitude is usually okay I
0:38
believe that a 5050 division would be an
0:42
equitable Division and Tennessee is an
0:44
equitable division state if one party
0:47
thinks they should get more than 5050
0:50
the burden is on them to convince the
0:52
court that more than 5050 is Equitable
0:56
now I’ll give you some examples let’s
0:59
say you have a long marriage let’s just
1:02
say that uh one spouse is a CEO of a
1:05
very successful company and has a very
1:07
nice six or seven figure income is in
1:10
good health the other spouse uh does not
1:14
have good employment skills maybe has
1:16
been in the home for a number of years
1:18
perhaps has a a debilitating illness
1:21
like rheumatoid arthritis I’ve seen that
1:24
before that spouse is not going to go
1:26
out and make the same kind of money as
1:28
the successful healthy
1:30
spouse so perhaps a bigger share of the
1:33
marital estate is called for and would
1:36
be Equitable and that is that happens
1:39
quite a bit you can see divisions that
1:41
may be 55 45 you can even see 6040 once
1:47
you get past 6040 you’re kind of pushing
1:50
the envelope but but it’s possible