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Last Modified on Mar 09, 2026
When facing an executive and high-income divorce in Nashville, you need an attorney with experience handling high-value assets and who can work as privately as possible. The right attorney can explain Tennessee divorce law and the ways to protect your assets during your divorce case.
Hire a Divorce Lawyer Today
The attorneys at MBK Legal have over 55 years of combined experience in a variety of legal issues. Our clients understand that they’ll be given close protection throughout the entirety of their case. You can rely on our lawyers to advocate on your behalf and pursue the most favorable legal options for your unique needs.
Our team knows that our clients are the priority. We return client communications within 24 hours and make ourselves available during evenings and Saturdays when needed. When it comes to protecting your high-value assets and income, choose Mathis, Bates & Klinghard PLLC.
What Assets Are Considered During a Tennessee Divorce Case?
In Nashville, some of the largest employers include Vanderbilt University Medical Center and Monroe Carell Jr. Children’s Hospital at Vanderbilt, the State of Tennessee, HCA Healthcare Inc., and Amazon. In 2024, around 10% to 11% of Nashville-Davidson metropolitan residents were divorced. When a person works in a high-earning field, the process of their divorce can become complicated.
It is vital to understand Tennessee’s legal process to fully protect your rights.
The Davidson County Circuit Court Clerk’s Office, located at 1 Public Square, typically oversees the divorce process for Nashville residents. During a divorce, courts will consider the following assets:
- Income, including cash and bonuses. In 2024, the average household income for Nashville-Davidson-Murfreesboro-Franklin metro residents was $85,447.
- Checking and savings accounts
- Real estate, including vacation homes or rental properties. In 2024, 65.2% of Nashville-Davidson-Murfreesboro-Franklin metro residents owned their homes, with the average home value being $409,600.
- Retirement accounts
- Cryptocurrency
- Debt
- Investments and stocks
- Intellectual property
- Business interests
- Vehicles, including boats and planes
- Collections, such as artwork, jewelry, or watches
- Pets
- Personal belongings
It is advised to hire a divorce lawyer before starting legal proceedings so they can create a custom legal strategy for your unique needs.
How to Protect Your High-Income Assets During Divorce
During a divorce in Tennessee, assets are divided based on when they were acquired. Assets acquired before marriage are typically left alone, unless they have become mixed with marital assets, such as an inheritance gained before marriage being used to buy a car during marriage.
Assets acquired during marriage are typically divided equitably between a divorcing couple, not necessarily 50/50. While this law can make things tricky, divorcing couples can discuss their legal issues during mediation before proceeding to trial. Mediation allows couples to discuss their legal issues and resolve matters themselves without a judge’s decision. As long as the couple agrees on a fair resolution, the court will likely approve it.
Who gets which asset during divorce depends on:
- The contributions made during the marriage
- The couple’s finances
- The lifestyle upheld during the marriage
- The length of the marriage
- What other assets are willing to be parted with
To protect your assets, you’ll need to work closely with an attorney and financial professionals. They will be able to trace the origins of your assets to determine if they are subject to division during divorce.
An experienced family law attorney will be able to work closely with you to negotiate which assets you want to keep and which assets you are willing to part with. Then, during legal proceedings, they can negotiate with your spouse’s attorney to discuss property division.
FAQs
Does a Prenuptial Agreement or Postnuptial Agreement Protect Me During Divorce?
A prenuptial agreement and a postnuptial agreement can help protect you during divorce. These documents are created before or during marriage and help clearly outline what will happen if the couple divorces. It can detail how they will divide their assets and if they will receive alimony. However, if the prenup or postnup is fraudulent, signed by a spouse involuntarily, or is severely unfair to one spouse, the courts may not honor it during legal proceedings.
How Many Years Do You Have to Be Married in Tennessee to Get Alimony During Divorce?
The number of years you have to be married in Tennessee to get alimony during divorce isn’t the only factor in courts awarding alimony, but it may contribute to a higher alimony award. Each divorce case is different. For example, if you were married for only five years, but your spouse gave up their career to raise your children while you worked, they may be awarded alimony for a set period of time to help them become financially independent again.
Is My Spouse Entitled to Half of My 401(k) During Divorce?
Your spouse may be entitled to half of your 401(k) during divorce. These accounts are typically considered marital property if they grew in value or received monetary contributions during the marriage. However, Tennessee courts divide marital property equitably, meaning that your spouse may not walk away with your 401(k) if they receive a fair alternative asset. This division process is different for every couple and requires careful handling by an experienced attorney.
What Are the Tax Consequences of Alimony in Tennessee?
During a divorce in Tennessee, there may be tax consequences on alimony payments, depending on the year the spousal support order was issued. Any alimony order issued after 2018 cannot be deducted on the paying spouse’s taxes or counted as income on the receiving spouse’s taxes. Spousal support orders issued before 2018 allow spouses to report them on their tax filings. However, an alimony order made before 2018 may then be modified after 2018 to remove the deduction.
Choose a Skilled Nashville Executive Divorce Lawyer to Protect You
The lawyers at Mathis, Bates & Klinghard PLLC know how difficult the divorce process can be, especially for individuals with high-value assets and complex estates. Reach out to our Clarksville office today to learn how our experienced team of attorneys can assist you during your divorce. We value making Tennessee’s legal process as accessible as possible for our clients.