Divorce Court Cannot Look at Trust Assets; Separate Property Awarded to Wife
Tennessee case summary on commingling and trusts in divorce. Desiree Daniels Disterdick v. John Disterdick The husband and wife in this Hamilton County, Tennessee, case were married in 1986. The wife filed a complaint for divorce in 2012, and the case was eventually heard by Judge L. Marie Williams after the recusal of another judge. […]
Read More»Deferred Compensation & Divorce: Retirement Accounts and Self-Employed Spouses | PART FOUR
- At June 29, 2018
- By Miles Mason
- In Property Classification
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Classifying deferred compensation as marital or separate property in Tennessee divorce is not a simple matter. In this final segment, we explore the court’s handling of a self-employed spouse’s SEP-IRA. And how income and appreciation on a former spouse’s already-divided deferred compensation plan should be considered for purposes of child support. Lastly, we’ve included a […]
Read More»$2M Handshake Deal Is Dissipation | $4M Gifts to Wife Are Separate
Tennessee case summary on dissipation, gift and separate property, and valuation in divorce. Kisha Dean Trezevant v. Stanley H. Trezevant, III The husband and wife in this Shelby County, Tennessee, case were married in 1990. They had two daughters, both of whom had reached the age of majority by the time of the divorce trial. […]
Read More»Stipulated Date When Property Valued Remains Even Over Lengthy Time
Tennessee case summary on property division and classification in divorce. Melody Crunk Telfer v. George Curtiss Telfer The husband and wife in this Tennessee case were married in 1985, and the wife filed for divorce in 2010 in Williamson County. There were numerous disputes over the status of the parties’ assets, and the case was appealed […]
Read More»Deferred Compensation & Divorce: Premarital Assets, Post-Marital Valuation | PART THREE
In this third installation in our series about the treatment of deferred compensation in Tennessee divorce, we continue working through the various challenges these assets pose to courts, attorneys, and their clients. Part One was an overview of various retirement plans and fringe benefits falling within the scope of deferred compensation. Included were select provisions […]
Read More»Wife Takes the Cake Baking Business in Divorce
- At May 02, 2018
- By Miles Mason
- In Property Classification
- 0
Tennessee case summary on property classification in divorce. John Anthony Gentry v. Katerine Wise Gentry The husband and wife in this Sumner County, Tennessee, case were married in 2009 and had no children. The wife had owned a cake-baking business since before the marriage. The husband had worked as an accountant but had lost his […]
Read More»Deferred Compensation & Divorce: IRAs, Military Pensions, Disability Insurance Benefits, and Marital Nexus | PART TWO
In Tennessee law, deferred compensation includes a spouse’s income deferred by the employer for already-performed work, functioning as a “substitute for life savings.” See Gragg v. Gragg, discussed later. When earned during the marriage, a deferred compensation plan may be a divisible marital asset along with any appreciation, or increase in value, that also happened […]
Read More»Qualified & Nonqualified Deferred Compensation and Divorce: PART ONE
Division of deferred compensation is a hot-button issue in all divorce proceedings. For reasons highlighted throughout this series, family law attorneys assist their divorce clients in preparing for division of deferred benefits earned from current or past employment during the marriage or before, such as a pension, IRA, or 401(k). Qualified & Nonqualified Deferred Compensation […]
Read More»Rental Property Owned Before Marriage Became Marital Asset
Tennessee case summary on property classification and transmutation in divorce. Michael Lee Givens v. Tristine Ann Givens The husband and wife in this Hamilton County, Tennessee, case were married in 2002 and had no children. The husband filed for divorce in 2012, and the trial was held in 2015, at which time the husband was […]
Read More»Divorcing Wife Entitled to Extra Time To Complete Business Valuation
Tennessee case summary on business valuation in divorce and gifting a painting. Jennifer Kate Watts v. Scottie Lee Watts The husband and wife in this Shelby County, Tennessee, case had been married for twenty years and had two minor children at the time of their 2014 divorce. The wife was a certified public accountant, and […]
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