Collection and Enforcement of Asset Division
Oct. 19, 2023
Asset division remains a crucial part of every divorce. In a contested divorce, the Tennessee court will share the couple's marital assets equitably and fairly between both parties. Unfortunately, some non-compliant spouse may intentionally disobey property division decree and withhold their ex-partner's share of the marital assets. In such a situation, the affected spouse may take necessary legal action to enforce the asset division order and recover any property that belongs to them.
Attorney Shannon A. Jones proudly gives reliable advocacy and skilled representation to clients in post-judgment enforcement matters. As a trusted Tennessee family law attorney, Shannon can examine your situation, outline a solid strategy to enforce the asset division decree, and help you recover what is rightfully yours. The firm proudly serves clients across Memphis, Cordova, Germantown, and Covington, Tennessee.
Asset Division in Tennessee
Tennessee is an equitable distribution state. This means that a spouse must share their marital property equitably and justly, but not necessarily equally. In order to achieve equitable property division, the Tennessee court may consider the factors below:
The length of the marriage.
Each spouse's age, physical condition, and mental health.
Each spouse's vocational skills, employability, earning capacity, and estate.
Tangible or intangible contribution of each spouse to the training, education, or the other spouse's increased earnings.
Each spouse's financial needs and financial liabilities.
Each spouse's relative ability to acquire more income or capital assets in the future.
Each spouse's financial or economic situation during the division of property.
The value of the separate property owned by each spouse.
The tax ramifications of the asset division to each party.
Other factors deemed relevant by the court to achieve equitable distribution.
Once the divorce has been finalized, both parties must obey the property division decree and share their assets in accordance with its terms and instructions. However, in the event that your estranged partner fails to follow the court order, you can request the court to enforce the asset division decree through a post-decree motion.
Enforcing an Asset Division Order
When a spouse violates the asset division decree and deliberately withholds their ex-spouse's share of the marital property, the other party can file a motion for enforcement of the property division order against the non-compliant party. The enforcement motion must be filed in the same court where the divorce judgment was issued.
It is important to note that you must serve your ex-partner with a notice that informs them about the enforcement motion filed against them. According to Tennessee law, an action to enforce a family court judgment must be commenced within ten (10) years of the date the initial decree was entered. However, if your ex-partner still fails to obey the enforcement order, you may file a contempt action against them.
The purpose of a contempt action is to protect the filing spouse's property rights and hold the delinquent party in contempt. In order to hold your estranged party in contempt of court, you must prove that they deliberately violated the asset division order by showing that:
The defendant knew about the property division or court decree.
The defendant intentionally or knowingly violated the court order despite being able to comply with it.
The defendant did not have any justifiable reason for non-compliance.
If you successfully establish that your estranged partner failed to turn over marital property and assets distributed in the divorce decree, the court will enforce the existing property division order and punish the non-compliant party. A dependable attorney can represent you diligently at the enforcement hearing and help recover all your assets, including interest on unpaid assets and property.
Assisting Tennessee Individuals With Their Legal Needs
When a spouse violates the asset division decree, seeking a post-judgment enforcement may be the right option to recover your property. Attorney Shannon A. Jones is poised and ready to support and guide clients through the complex procedures involved in enforcing asset division orders.
Whether you're trying to enforce a family court judgment for property division or file a contempt action against your ex-partner, Shannon can represent you diligently in your case and help you achieve the most favorable outcome.
Contact S. A. Jones Law today to schedule a simple case assessment with a seasoned divorce lawyer. Attorney Shannon A. Jones can offer you the dedicated advocacy and personalized legal counsel you need to navigate key decisions in your divorce and asset division matters. The firm proudly serves clients across Memphis, Cordova, Germantown, and Covington, Tennessee.