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Prenuptial agreements, which are made before marriage to set out how assets would be divided in the event of a divorce, are often used to help in preserving family wealth and other contributions that parents may have made or intend to make to their children.

Tennessee divorce law is very clear – equitable distribution of marital property does not mean equal distribution. Equal division describes awarding 50% to each spouse, also described as a 50/50 split. But it is not unusual for divisions (settlements and trial results) to be close to a 50/50 split.

Inheritance received before or during marriage If your inheritance was received before you married, your ex-spouse may be entitled to make a claim if they benefitted from the inheritance during the marriage. For inheritance received during the marriage, the court will probably class the inheritance as “joint property”.

While a divorce decree can be appealed to a higher court to overturn the judge's decision, a divorce decree modification seeks to adjust the details of the original agreement. If you or your ex-spouse has experienced a change in circumstances, a motion may be filed in family court to modify the divorce decree.

That changed on March 20, 2020, when Tennessee Code Annotated § 28-3-110(e) became effective. This law says there is no longer any time limitation on actions to enforce orders (not contracts) in family-law matters under Title 36.

In Tennessee, funds or assets inherited constitutes separate property meaning a Court cannot distribute any portion of it to your spouse in a divorce proceeding.

What Is an Inheritance? Inheritance refers to the assets that an individual bequeaths to their loved ones after they pass away. An inheritance may contain cash, investments such as stocks or bonds, and other assets such as jewelry, automobiles, art, antiques, and real estate.

Must The Court Divide All Property? Under Tennessee law, only marital property is subject to equitable division upon divorce. Specifically, marital property is defined as any assets or property acquired by either you or your spouse while you are married.

Inheritance is generally considered to be separate (non-marital) property in Tennessee regardless of whether the inheritance was received before or during a marriage.