Support During Marriage Was One Factor of Substantial Contribution When It Resulted in Preservation of Asset
Wade v. Wade, 897 S.W.2d 702 (Tenn. Ct. App. 1994) This 1994 case involved a number of different pieces of property which the court was required to classify as separate or marital. These had been owned by the husband prior to the marriage, and the husband argued that they had remained his separate property. One […]
Read More»Whether Retirement Benefits are Vested Irrelevant for Determining Separate or Marital
Cohen v. Cohen, 937 S.W.2d 823 (Tenn. 1996). Cohen is widely cited for its holding that “the value of unvested retirement plans and increased equity in real separate property accruing during the marriage constitute marital property.” It reached this conclusion rather quickly by noting that marital property is defined as “all” property acquired during the […]
Read More»For Property to Transmute, Substantial Contribution Must Relate Directly to the Asset
Spergl v. Spergl, No. M2018-00934-COA-R3-CV (Tenn. Ct. App. May 16, 2019) The husband and wife in this Williamson County, Tennessee, case were married in 2004 and had no children. In September 2015, the wife filed for divorce, arguing irreconcilable differences and inappropriate marital conduct. After an initial answer, the husband admitted inappropriate conduct, and also […]
Read More»Premarital Balances, But Not Gains, in Retirement Accounts Were Separate Property
Snodgrass v. Snodgrass, 295 S.W.3d 240 (Tenn. 2009). In this 2009 case, the Tennessee Supreme Court attempted to clarify and distinguish its decision in Langschmidt v. Langschmidt, 81 S.W.3d 741 (Tenn. 2002). Once salaried employees with Alcoa, Mr. and Mrs. Snodgrass were married for about 23 years. Both participated in employer-provided 401(k) plans. Before their […]
Read More»Appreciation of Separate Property: The Forensic Accountant’s Full Employment Act
On October 20, 2020, with Anne Hamer, we presented at the Tennessee Society of CPAs Forensic and Valuation Services Conferences. Appreciation of Separate Property: The Forensic Accountant’s Full Employment Act is a substantive presentation on the subtleties of classification. Classification is the determination of whether an asset is separate property or marital property subject to […]
Read More»
