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Cases of Interest: Tennessee
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Alimony (full category)

TENNESSEE: Bogan v. Bogan, No. E1998-00060-SC-R11-CV (Tenn. Ct. App. Nov. 8, 2001).
An "objectively reasonable retirement" at age 59, where the husband was eligible to retire with full benefits, constitutes a substantial and material change in circumstances so as to permit modification of a spousal support obligation.
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Antenuptial Agreements (full category)

TENNESSEE: Lowe v. Lowe, No. E2000-01456-COA-R3-CV (Tenn. Ct. App. May 30, 2001).
The husband appealed the trial court's ruling declaring the parties' antenuptial agreement void.
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TENNESSEE: Wilson v. Moore, 929 S.W.2d 367 (Tenn. Ct. App. 1996).
The parties' prenuptial agreement was enforceable, where the husband's disclosure of his financial holdings was sufficient to enable the wife to make a knowledgeable decision with regard to executing the agreement.
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Appreciation of Assets (full category)

TENNESSEE: Harrison v. Harrison, 912 S.W.2d 124 (Tenn. 1995).
The increase in value of real estate given to the husband by his family could not be classified as marital property, where the increase resulted solely from the construction of a nearby interstate highway and the wife did not substantially contribute to the preservation or appreciation of the property.
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Attorneys (full category)

TENNESSEE: Quillen v. Quillen, 909 S.W.2d 804 (Tenn. Ct. App. 1995).
The trial court acted properly when it prohibited the husband/attorney from continuing to represent himself and when it imposed Rule 11 sanctions against him for filing repetitive and frivolous motions.
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Children (full category)

TENNESSEE: Hansel v. Hansel, 939 S.W.2d 110 (Tenn. Ct. App. 1996) (released 1997).
Certificates of deposit which were acquired with marital property in the name of the husband and his daughter from another marriage were not proven to be gifts to the daughter so as to be excluded from the marital estate.
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Child Support (full category)

TENNESSEE: Hartley v. Robinson, No. M2000-01625-COA-R3-CV (Tenn. Ct. App. May 9, 2001).
The husband was employed as a commercial truck driver. Thereafter, the husband was diagnosed with a seizure disorder that required medication to treat.
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TENNESSEE: Sellers v. Sellers, No. W2000-01475-COA-R3-CV (Tenn. Ct. App. May 15, 2001).
When the parties married, the wife had a child out of wedlock. The husband agreed to change the child's name to his own and hold out to the world that the child was his.
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Classification of Assets (full category)

TENNESSEE: Greer v. Greer, No. W2000-02881-COA-R3-CV (Tenn. Ct. App. Feb. 22, 2002).
The husband appealed the award of the house and property to the wife. The husband claimed that property he obtained, during the marriage, from a property swap with his father and which remained in his title was separate property.
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TENNESSEE: Dunlap v. Dunlap, 996 S.W.2d 803 (Tenn. Ct App. 1998).
The husband had the burden of proving that gifts from his father were his alone and not gifts to the couple jointly.
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TENNESSEE: Ray v. Ray, 916 S.W.2d 469 (Tenn. Ct. App. 1995).
The present value of the husband's contractual rights as an insurance agent was properly included as marital property.
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TENNESSEE: Brock v. Brock, 941 S.W.2d 896 (Tenn. Ct. App. 1997).
Premarital property which no longer exists cannot be classified and distributed upon divorce, but a spouse's contribution of premarital property is a factor for consideration in distributing marital property.
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TENNESSEE: Jahn v. Jahn, 932 S.W.2d 939 (Tenn. Ct. App. 1996).
The husband's interest in the assets of his law practice must be classified as marital property without offsetting the value of his interest in his law firm assets at the time of the parties' marriage, because the assets that existed at the time of the marriage no longer existed, and the assets now in existence were acquired during the parties' marriage.
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Disability Benefits (full category)

TENNESSEE: Gragg v. Gragg, Appeal No. W1998-00734-SC-R11CV (Tenn. Jan. 31, 2000).
In a case of first impression in Tennessee, the supreme court was asked to determine whether disability benefits from a private disability insurance policy acquired with marital funds during the marriage were subject to distribution upon divorce as marital property.
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Division of Property (full category)

TENNESSEE: Denton v. Denton, 33 S.W.3d 229 (Tenn. Ct. App. 2000).
The husband transferred certain property to wife, which portion later appreciated in value. The question confronting the court was how to characterize, first, the property and, second, the appreciated portion of the property.
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TENNESSEE: McClellan v. McClellan, 873 S.W.2d 350 (Tenn. Ct. App. 1993).
Marital residence which was purchased with husband's separate funds but titled in both spouses' names was marital property, but trial court did not err in awarding home to husband.
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TENNESSEE: Bookout v. Bookout, 954 S.W.2d 730 (Tenn. Ct. App. 1997).
The trial court could award the wife more than one-half of the parties' substantial marital estate, in view of her greater contributions during the parties' professional training, her greater economic contribution to the acquisition of marital property, and her contributions as homemaker and primary caregiver to the parties' children.
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TENNESSEE: Dellinger v. Dellinger, 958 S.W.2d 778 (Tenn. Ct. App. 1998).
The trial court did not abuse its discretion by permitting a certified financial planner to testify regarding the future economic effect of the parties' proposals for property division.
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Expert Witnesses (full category)

TENNESSEE: Dellinger v. Dellinger, 958 S.W.2d 778 (Tenn. Ct. App. 1998).
The trial court did not abuse its discretion by permitting a certified financial planner to testify regarding the future economic effect of the parties' proposals for property division.
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Factors in Award (full category)

TENNESSEE: McClellan v. McClellan, 873 S.W.2d 350 (Tenn. Ct. App. 1993).
Marital residence which was purchased with husband's separate funds but titled in both spouses' names was marital property, but trial court did not err in awarding home to husband.
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TENNESSEE: Brock v. Brock, 941 S.W.2d 896 (Tenn. Ct. App. 1997).
Premarital property which no longer exists cannot be classified and distributed upon divorce, but a spouse's contribution of premarital property is a factor for consideration in distributing marital property.
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Gifts (full category)

TENNESSEE: Dunlap v. Dunlap, 996 S.W.2d 803 (Tenn. Ct App. 1998).
The husband had the burden of proving that gifts from his father were his alone and not gifts to the couple jointly.
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TENNESSEE: Hansel v. Hansel, 939 S.W.2d 110 (Tenn. Ct. App. 1996) (released 1997).
Certificates of deposit which were acquired with marital property in the name of the husband and his daughter from another marriage were not proven to be gifts to the daughter so as to be excluded from the marital estate.
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Joint Titling (full category)

TENNESSEE: McClellan v. McClellan, 873 S.W.2d 350 (Tenn. Ct. App. 1993).
Marital residence which was purchased with husband's separate funds but titled in both spouses' names was marital property, but trial court did not err in awarding home to husband.
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Life Insurance (full category)

TENNESSEE: Bell v. Bell, 896 S.W.2d 559 (Tenn. Ct. App. 1994).
Since the wife, as beneficiary, had only an expectancy in the husband's term life insurance policy, a temporary injunction generally prohibiting property transfers did not preclude him from changing beneficiaries during the divorce proceedings.
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Marital Home (full category)

TENNESSEE: McClellan v. McClellan, 873 S.W.2d 350 (Tenn. Ct. App. 1993).
Marital residence which was purchased with husband's separate funds but titled in both spouses' names was marital property, but trial court did not err in awarding home to husband.
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Paternity (full category)

TENNESSEE: West v. Floyd, No. M1999-00334-COA-R3-CV (Tenn. Ct. App. Apr. 11, 2001).
In this case, the appellant, having signed a Marital Dissolution Agreement later incorporated into a divorce decree, sought by a Rule 60 motion to have a portion of the decree dealing with the paternity of a child conceived while the parties were married, and born after the parties were divorced, voided as against public policy.
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Pensions (full category)

TENNESSEE: Cohen v. Cohen, 937 S.W.2d 823 (Tenn. 1996).
Nonvested pension rights which accrue during marriage constitute marital property and may be divided through the present cash value method or the deferred distribution method.
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Professional Practices (full category)

TENNESSEE: Jahn v. Jahn, 932 S.W.2d 939 (Tenn. Ct. App. 1996).
The husband's interest in the assets of his law practice must be classified as marital property without offsetting the value of his interest in his law firm assets at the time of the parties' marriage, because the assets that existed at the time of the marriage no longer existed, and the assets now in existence were acquired during the parties' marriage.
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