Financial Analysis for Divorce and Marital Dissolution in Tennessee

By Christopher Skerritt, M.Ed., MBA, Chief of Economic Services · Published · Reviewed

KW Economics prepares financial analyses for divorce and marital dissolution matters venued in Tennessee: income available for support, the value of business interests in the marital estate, and the tracing of separate and marital funds, each presented so that either spouse or the court can examine the figures.

A divorce or marital dissolution matter asks what income each spouse has available for support, what the marital assets, including any business interest, are worth for the division of the estate, and which assets are separate rather than marital. Each is answered from the business books, tax returns, and account histories rather than from the tax return alone. Read the full divorce and marital dissolution analysis guide.

Tennessee courts and expert standards

Tennessee courts ask whether the economist is qualified by training and experience, whether the facts and data behind the opinion are trustworthy, and whether the method is reliable and was applied to the case, with the trial judge acting as gatekeeper. An economic damages report meets that inquiry by naming the published source behind every rate and table and tying each assumption to the record.

Where these cases are heard

Highest court: Tennessee Supreme Court. Federal venues: E.D. Tenn., M.D. Tenn., W.D. Tenn. Court system: tncourts.gov.

Legal framework

Whether Tennessee divides marital property equitably or as community property, which valuation date applies, how income available for support is defined, and how the goodwill of a professional practice is treated are questions of law that counsel confirms; the report presents each finding so it can be applied under either party's position.

How the analysis is built

The same four steps apply to a divorce and marital dissolution matter venued in Tennessee; the governing framework in Tennessee decides how each finding is applied.

  1. Normalize the business's cash flow for owner compensation, personal expenses paid through the business, related-party dealings, and non-recurring items, listing each adjustment with its source.
  2. Value the business or practice as of the date the governing framework requires, under the income, market, and asset approaches as the facts support, and address personal and enterprise goodwill where the framework distinguishes them.
  3. Determine each spouse's income available for support from the same normalized statements, including distributions, perquisites, and cash flow retained in the business beyond reported salary.
  4. Trace separate property through the account statements step by step, classify commingled funds under the framework counsel identifies, and reduce pensions and deferred compensation to present value with the assumptions stated.

Attorney guides for divorce and marital dissolution cases

Other case types in Tennessee

Frequently asked: divorce and marital dissolution cases in Tennessee

Which Tennessee courts hear divorce and marital dissolution cases?

Divorce and Marital Dissolution cases venued in Tennessee are heard in the Chancery Court (Equity jurisdiction; contracts, trusts, corporate matters) and the Circuit Court (General jurisdiction; civil cases and criminal jury trials). Final appeals run to the Tennessee Supreme Court. Matters within federal jurisdiction proceed in the United States District Courts for the Eastern District of Tennessee, Middle District of Tennessee, and Western District of Tennessee.

How does Tennessee's family-law framework shape the financial analysis?

Whether Tennessee divides marital property equitably or as community property, which valuation date applies, how income available for support is defined, and how the goodwill of a professional practice is treated are questions of law that counsel confirms; the report presents each finding so it can be applied under either party's position. Tennessee courts ask whether the economist is qualified by training and experience, whether the facts and data behind the opinion are trustworthy, and whether the method is reliable and was applied to the case, with the trial judge acting as gatekeeper. An economic damages report meets that inquiry by naming the published source behind every rate and table and tying each assumption to the record.

More questions about divorce and marital dissolution analysis

References

Request a consultation on divorce and marital dissolution cases in Tennessee or call (201) 343-0700. Plaintiff and defense counsel.