Wife Gets 54% Property Split of Assets After 14 Year Marriage

Tennessee case summary on property division in divorce.

Erika Louise (Brown) Dewald v. Baya Paul Dewald

The husband and wife in this Wilson County, Tennessee, case married in 2002 and had one son, born in 2004.  During the marriage, the wife worked outside the home on and off.  She obtained a real estate license which subsequently lapsed.  The husband had a college degree and worked in the finance industry, earning about $132,000 per year.

The wife had no assets at the time of the marriage, but the husband owned real property and had a large 401(k) account.  The wife filed for divorce in 2014 after being arrested for domestic assault and being barred from the marital residence.  The husband also filed a counter-complaint for divorce.

A four day trial was held, but the parties agreed to many issues.  They agreed that the husband would receive the marital home and that the wife would receive another rental property.

The trial court divided the remaining assets 54% to the wife and 46% to the husband.  This amounted to over $455,000 to the wife and $385,000 to the husband.  The trial court also decided other issues in its final decree.  The husband then appealed to the Tennessee Court of Appeals.  He first argued that the trial court had inequitably divided the marital property.

On appeal, the husband argued that the wife made little contribution to the accumulation of assets, had a respectable income of her own, and that what she had previously received represented a generous nest egg.

The appeals court first noted that the division of marital property is a factual issue, and that on appeal, it is reviewed de novo with a presumption of correctness.

The trial court had focused on the fact that this was a 14 year marriage and that both parties had similar prospects for gainful employment, but that the husband’s earnings were about three times greater than the wife’s.  The appeals court pointed out that each party left the marriage owning two pieces of real property.

It also pointed out that the parties had agreed that part of the 401(k) was the husband’s separate property, and that the remaining portion was split.

After reviewing the evidence, the trial court concluded that the lower court’s ruling was supported by the evidence, and the appeals court declined to disturb the division.

After discussing attorney fees, the Court of Appeals affirmed the ruling of the lower court and remanded the case.

No. M2017-02158-COA-R3-CV  (Tenn. Ct. App. Sep. 17,  2018).

See original opinion for exact language.  Legal citations omitted.

To learn more, see Tennessee Property Division Divorce Law.