Memphis, TN family law attorney Daniel Loyd Taylor talks about how marital property is divided in a divorce. Tennessee is not a 50/50 state, commonly referred to as a community property state. Instead, it operates on the principle of equitable distribution, which takes into account what is fair based on the specific circumstances of each case. Judges in Tennessee typically begin by evaluating the situations of both parties, with the assumption that a 50/50 division would be equitable. However, if one party believes they should receive more than half, the burden of proof is on them to convince the court that a larger share is justified.

For instance, in cases of long marriages where one spouse is a CEO with a significant income and the other spouse has limited employment skills or a debilitating illness, the court may decide that a larger share of the marital estate is appropriate for the less financially stable spouse. This could lead to divisions that differ from the 50/50 norm, such as a 55/45 or even a 60/40 split. Although divisions exceeding 60/40 are less common, they remain a possibility under certain circumstances.