Uncouple

Financial

Marital Asset Division in Tennessee

How marital vs. separate property is classified and divided in Tennessee. Tennessee follows equitable distribution.

Property Type

Equitable

Filing Fee

$185–$300

Median Cost

$8,500–$34,000

Annual Divorces

27,000+

Understanding Marital Assets in Tennessee

Tennessee is an equitable distribution state. Courts divide marital property in a manner they consider fair, which may not be equal. Factors include length of marriage, each spouse's earning capacity, and contributions to the marital estate.

The median cost of an uncontested divorce in Tennessee is approximately $8,500. Contested divorces involving significant financial disputes average $34,000. These figures include attorney fees, filing fees ($185–$300), and related costs.

Under Tenn. Code §36-4-101, Tennessee courts consider the standard of living established during the marriage, each spouse’s income and earning potential, the duration of the marriage, and each party’s contributions — including homemaking and child-rearing.

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Common Questions

How long do you have to live in Tennessee to file for divorce?
Tennessee requires 6 months of residency before you can file for divorce. Tenn. Code §36-4-101 governs the filing requirements.
Is Tennessee a community property or equitable distribution state?
Tennessee follows equitable distribution rules, meaning the court divides marital assets fairly but not necessarily equally.
How much does a divorce cost in Tennessee?
Filing fees in Tennessee range from $185–$300. The median total cost is approximately $8,500 for uncontested divorces and $34,000 for contested cases.
How long does a divorce take in Tennessee?
Tennessee has a mandatory waiting period of 60 days (no children), 90 days (children). Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in Tennessee?
Tennessee uses the Income Shares model, based on both parents' combined income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.

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Related Resources

This page provides general information about marital assets in Tennessee and is not legal advice. Verify current statutes with Tenn. Code §36-4-101 or consult a licensed Tennessee attorney. Last reviewed March 2026.