Tennessee Marital Settlement Agreement
A Tennessee marital settlement agreement, called a marital dissolution agreement in Tennessee, lets divorcing spouses divide marital property and debts, set alimony, and address custody and child support, then have those terms incorporated into the divorce decree. Attorney review available.
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Introduction
Tennessee recognizes four statutory types of alimony, and a marital settlement agreement is the written contract divorcing spouses use to settle how their property, debts, spousal support, and (by reference) custody and child support will be handled, so the terms can be incorporated into the decree that ends the marriage. Tennessee calls this document a marital dissolution agreement. Tennessee is an equitable distribution state: on divorce the court equitably divides the marital property between the spouses without regard to marital fault, in proportions the court deems just (Tenn. Code Ann. 36-4-121), which means a fair division rather than an automatic equal split, and separate property is not divided. A written agreement is central in Tennessee, because a divorce on the ground of irreconcilable differences cannot be granted unless the parties make adequate provision by written agreement for their children and for the equitable settlement of property (Tenn. Code Ann. 36-4-103(b)). Tennessee has no statewide alimony formula; the court may award any of four statutory types, rehabilitative alimony, alimony in futuro (periodic alimony), transitional alimony, or alimony in solido (lump sum alimony), weighing the factors in Tenn. Code Ann. 36-5-121(i), with rehabilitative alimony favored where possible. Custody and child support follow the Tennessee child support guidelines (Tenn. Code Ann. 36-5-101), stay subject to court approval, and remain modifiable, so an agreement cannot bargain them away. Once signed, the agreement is incorporated into the divorce decree, and no irreconcilable-differences divorce is heard until at least sixty days after filing, or ninety days if the spouses have a minor child (Tenn. Code Ann. 36-4-103(c)(1)). DocDraft builds your Tennessee marital settlement agreement from your facts, with attorney review available before you sign.
Key Things to Know
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Tennessee calls this document a marital dissolution agreement, the written contract divorcing spouses use to settle property and debt division, spousal support, and by reference custody and child support, so those terms can be incorporated into the decree that ends the marriage.
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Tennessee is an equitable distribution state: on divorce the court equitably divides, distributes, or assigns the marital property without regard to marital fault, in proportions the court deems just (Tenn. Code Ann. 36-4-121). Equitable means fair, not necessarily an equal 50/50 split, and separate property is not divided.
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A written agreement is required for an irreconcilable-differences divorce: no such divorce is granted unless the court finds the parties have made adequate provision by written agreement for the custody and maintenance of any children and for the equitable settlement of property rights (Tenn. Code Ann. 36-4-103(b)). Your Tennessee marital settlement agreement is that written agreement.
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Tennessee has no statewide formula for alimony. The court may award any of four statutory types, rehabilitative alimony, alimony in futuro (also called periodic alimony), transitional alimony, or alimony in solido (also called lump sum alimony), or a combination, weighing the factors in Tenn. Code Ann. 36-5-121(i). Rehabilitative alimony is favored where the economically disadvantaged spouse can be rehabilitated.
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Child support follows the Tennessee child support guidelines set by the Department of Human Services, an Income Shares model that creates a rebuttable presumption of the correct amount (Tenn. Code Ann. 36-5-101). Custody and child support stay subject to court approval and can be modified later, so they cannot be bargained away.
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Once signed, the agreement is incorporated into the divorce decree and the parties are ordered to comply with it. A divorce on the ground of irreconcilable differences is not heard until the case has been on file at least sixty days if the spouses have no minor child under eighteen, or ninety days if they do (Tenn. Code Ann. 36-4-103(c)(1)).
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A Tennessee marital settlement agreement must be in writing and signed by both spouses (Tenn. Code Ann. 36-4-103(b) requires provision by written agreement). No Tennessee statute requires it to be notarized, but signing before a notary can help prove the signatures are genuine, and a local court may have its own practice.
Key decisions before you file
Before you file a Marital Settlement Agreement in Tennessee, a few decisions shape the document: which option to choose and what each one means. The Marital Settlement Agreement guide walks through them.
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Tennessee Requirements for Marital Settlement Agreement
Equitable Distribution, Not Community Property
Tennessee is an equitable distribution state. On divorce the court equitably divides, distributes, or assigns the marital property without regard to marital fault, in proportions the court deems just (Tenn. Code Ann. 36-4-121). Equitable means fair, not necessarily an equal 50/50 split.
Marital vs Separate Property
Only marital property is divided in a Tennessee divorce. Marital property is generally what the spouses acquired during the marriage. Separate property, such as assets owned before the marriage or received by gift or inheritance, is not divided (Tenn. Code Ann. 36-4-121).
Written Agreement Required for the Divorce
A divorce on the ground of irreconcilable differences is not granted unless the court finds the parties have made adequate provision by written agreement for the custody and maintenance of any children and for the equitable settlement of property (Tenn. Code Ann. 36-4-103(b)). The marital settlement agreement is that written agreement.
Four Types of Alimony, No Formula
Tennessee has no statewide alimony formula. The court may award rehabilitative alimony, alimony in futuro (periodic), transitional alimony, or alimony in solido (lump sum), or a combination, weighing the factors in Tenn. Code Ann. 36-5-121(i). Rehabilitative alimony is favored where possible.
Child Support Follows the Guidelines
Child support follows the Tennessee child support guidelines set by the Department of Human Services, an Income Shares model that creates a rebuttable presumption of the correct amount (Tenn. Code Ann. 36-5-101). A court can deviate only with a written finding of the reason. Child support cannot be bargained away.
Custody and Child Support Stay Modifiable
Custody and child support terms in a Tennessee marital settlement agreement remain subject to court approval and can be modified later in the best interests of the children. These terms are never fixed the way a property division can be.
In Writing and Signed
A Tennessee marital settlement agreement must be in writing and signed by both spouses (Tenn. Code Ann. 36-4-103(b) requires provision by written agreement). No statute requires notarization, but signing before a notary can help prove the signatures are genuine.
Incorporation and Waiting Period
Once signed, the agreement is incorporated into the final decree and the parties are ordered to comply with it. An irreconcilable-differences divorce is not heard until the case has been on file at least sixty days, or ninety days if the spouses have a minor child under eighteen (Tenn. Code Ann. 36-4-103(c)(1)).