TN Mandatory Injunction Law – Dissipation, PART THREE
This is Part Three in our Tennessee mandatory injunction law information series. In it we look to ways dissipation of marital assets could violate the injunction in divorce or legal separation. A related concern is a spouse’s failure to preserve a marital asset, also briefly discussed. Our focus is on how Tennessee’s courts have interpreted […]
Read More»TN Mandatory Injunction Law | Cash Flow and Concealed Assets, PART TWO
- At October 27, 2017
- By Miles Mason
- In Divorce, Property Division
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In Part Two of our series on Tennessee’s mandatory injunction law, we review the issues of maintaining cash flow and concealing assets in divorce. What consequences follow a spouse’s failure to disclose funds received from a retirement account deemed a marital asset? When does such nondisclosure intentionally violate the injunction? And how should the court […]
Read More»Husband Dissipated Estate w/ Secret Purchases + Alimony $1.8K/Mo.
Tennessee alimony divorce case summary after 26 years married. Carolyn Ann Talley v. Clinton Eugene Talley The husband and wife in this Tennessee case were married in 1986 and separated in 2012. They had two children, both of whom were over the age of majority at the time of the divorce. The wife filed a […]
Read More»Husband Failed to Prove Prenup to Reserve Lake House as Separate
Tennessee case summary on property division, classification, retirement and prenuptial agreements in divorce. Jimmy D. Ogle v. Julie D. Duff The husband and wife in this Loudon County, Tennessee, case were married for about five and one-half years before their divorce. The husband, 58, was a self-employed surveyor, and the wife, 45, was a teacher. […]
Read More»Ex-Husband Denied Change to Divorce Based on Federal Pension Rules
- At July 31, 2017
- By Miles Mason
- In After Divorce, Property Division
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Tennessee case summary on dividing federal pension in divorce. Kathaleen Moriarty King v. Hal David King The husband and wife in this Tennessee case were divorced in 1997, and the wife was awarded a percentage of the husband’s federal retirement. Under their agreement, which was incorporated into the judgment, the wife was to receive half […]
Read More»Double Dipping in Tennessee Divorce Means Double Trouble (Part III)
In this final segment of our 3-part series on double dipping in Tennessee divorce, the trouble with double counting is focused on the closely held business or professional practice. (Read Part I and Part II of this series.) Anyone who has pushed through a business start-up appreciates the sweat equity required in the early days. […]
Read More»Double Dipping in Tennessee Divorce Means Double Trouble (Part II)
- At June 05, 2017
- By Miles Mason
- In Divorce, Property Division
- 0
In the first segment of this series, the double dipping debate in family law cases was introduced with several Tennessee examples illustrating the potential for trouble. Double dipping, or double counting, occurs when an asset that is divided as marital property in divorce is also included as a source of income in calculating alimony or […]
Read More»Double Dipping in Tennessee Divorce Means Double Trouble (Part I)
- At May 03, 2017
- By Miles Mason
- In Divorce, Property Division
- 0
In Tennessee divorce, all marital assets should be equitably divided between the spouses. Double dipping theory as applied to certain of those assets can have a substantial impact on the outcome. More to the point, in this series of articles we will be discussing double dipping into divided marital assets – namely pensions, retirement accounts, […]
Read More»Pre-marital Stock Options Became Marital Property When Comingled
Tennessee case summary on commingling in divorce. Kathryn Lynn Jones v. Gary Edward Jones The husband and wife in this Tennessee divorce case met in 1985 and were married in 1990. In 2011, the wife filed a complaint for divorce, and trial was held in 2014, after their youngest child had turned 18. The marital […]
Read More»TN Wife’s Inheritance Remains Her Separate Property, Despite Joint Account
Tennessee case summary on transmutation in divorce. Robert Harold Douglas v. Susan Mercedes Douglas The husband and wife in this Tennessee divorce case were married in 1995 and separated in 2013. They had one child, who was already over the age of majority at the time of the divorce. One of the major assets was […]
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