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Property Division Archives

Dividing up your 401k in your divorce

As you prepare to tackle property division as part of your divorce proceedings in Nashville, understand that you will almost certainly be surprised to discover just how many assets are subject to being split between you and your soon-to-be ex-spouse. The most common asset that those that we here at Rogers, Kamm & Shea Attorneys at Law have worked with in past claim to be the surprised at learning of its status as a marital asset is their 401ks. Your 401k exits solely because of your career. Why, then, should your ex-spouse be able to benefit from it? 

Differentiating equitable vs. equal property division

The common school of thought regarding property division in Nashville is that all marital property will be distributed equally amongst both sides in a divorce case. Most assume this to be ture because it is required by law. While there may indeed be many cases that see a divorcing couple evenly share their assets, there is actually nothing in the state's statutes stating that marital assets must be shared equally. Tennessee follows the equitable distribution model when dealing with property division cases. While "equitable" and "equal" certainly sound similar, many are surprised to learn that they are not the same thing. 

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