Skip to main content
News & Commentary

Cavallari-Cutler Buyout Feud: How TN Splits a Business in Divorce

Kristin Cavallari says she got $0 and bought Jay Cutler out of Uncommon James. Here's how Tennessee's Tenn. Code § 36-4-121 handles business buyouts.

By Antonio G. Jimenez, Esq.Tennessee5 min read

Kristin Cavallari claims she received no money in her 2022 Tennessee divorce from Jay Cutler and instead had to buy out his marital share of her Uncommon James jewelry business with cash and property, she stated on the July 7, 2026 'Aspire with Emma Grede' podcast. Cutler called the claim 'borderline slander,' citing a signed 67-page decree. In Tennessee, a spouse keeping a business often pays the other spouse for their share.

Key Facts

DetailSummary
What happenedKristin Cavallari publicly claimed she received $0 and bought Jay Cutler out of her Uncommon James business; Cutler called it 'borderline slander'
WhenStatements made July 7, 2026; underlying divorce finalized in 2022
WhereTennessee (Cutler-Cavallari divorce was filed and decided in Tennessee)
Who's affectedHigh-net-worth and business-owning spouses navigating equitable distribution
Key statute/ruleTenn. Code § 36-4-121 (equitable distribution of marital property)
ImpactHighlights how business valuation and buyouts function in equitable-distribution states

Why This Matters Legally

A public dispute over 'who got what' rarely rewrites a signed divorce decree. Once a Tennessee court approves a final decree of divorce, its property division terms are binding and enforceable, and later podcast statements do not change the legal outcome. Cutler's reference to a signed 67-page decree points to a negotiated marital dissolution agreement (MDA) — a settlement contract both spouses sign that the court then incorporates into the final judgment.

What the feud actually illustrates is how business ownership complicates property division. When one spouse owns and operates a company started or grown during the marriage, that business — or the portion attributable to marital effort and funds — is typically marital property subject to division. The spouse who keeps the business frequently must compensate the other spouse for their marital share, which can look exactly like a 'buyout.' In that scenario, the business owner can walk away with the company but transfer cash, real estate, retirement accounts, or other assets to offset the other spouse's interest. Receiving 'no money' and paying a buyout are not contradictory; they can be two sides of the same equitable division.

How Tennessee Law Handles This

Tennessee is an equitable-distribution state, meaning marital property is divided fairly but not necessarily 50/50. Under Tenn. Code § 36-4-121, courts classify property as either separate or marital, then divide the marital estate equitably after weighing statutory factors. Those factors include the duration of the marriage, each spouse's contribution to acquiring and preserving marital property, and — critically for business owners — the contribution of one party to the education, training, or increased earning power of the other. A spouse's homemaking and support contributions count too.

A business founded during the marriage is generally marital property, even if titled in only one spouse's name. Tennessee courts also recognize that separate property can acquire a marital component: if a business existed before marriage but grew in value during the marriage due to marital effort or funds, that appreciation may be divided. Determining the number requires a business valuation, often performed by a forensic accountant who assesses assets, earnings, goodwill, and market comparables.

Once the value is fixed, courts have flexibility in how to divide it. A judge can order the business sold and proceeds split, award the business to one spouse and offset the other spouse's share with different assets, or approve a structured buyout. Because Tenn. Code § 36-4-121 prioritizes an equitable overall result rather than dividing each individual asset in half, a business owner keeping 100% of the company while transferring other property to balance the ledger is a routine and lawful outcome. Understanding equitable distribution is the key to reading any of these public divorce disputes accurately.

Practical Takeaways

  1. Get a professional business valuation early. If you or your spouse owns a company, retain a forensic accountant or certified business valuator before negotiating. A defensible number protects you whether you are keeping the business or receiving a buyout. Estimate your broader financial picture first with our property division tool.

  2. Distinguish separate from marital property. A business started before marriage may still have a divisible marital component if it grew in value from marital effort or funds. Document what existed pre-marriage and what was added during the marriage.

  3. Understand that a buyout offsets value — it is not a penalty. Under Tenn. Code § 36-4-121, keeping a business and paying the other spouse for their share is standard equitable distribution, not evidence that anyone 'lost.'

  4. Put the terms in a signed marital dissolution agreement. A negotiated MDA incorporated into the final decree is binding. Vague verbal understandings invite exactly the kind of dispute now playing out publicly.

  5. Be cautious with public statements about a finalized case. Characterizing settlement terms publicly can invite rebuttal and, in extreme cases, defamation claims. When in doubt, let the signed decree speak for itself.

  6. Map your next steps before filing. If you are facing divorce with a business in the mix, build a personalized divorce roadmap or consult a qualified Tennessee divorce attorney who handles complex asset division.

If you own a business or share complex assets and are considering divorce in Tennessee, the difference between a fair result and a costly one usually comes down to preparation — a clear valuation, careful classification of separate versus marital property, and a well-drafted agreement. A local family law attorney can help you understand how Tenn. Code § 36-4-121 applies to your specific situation before you make any decisions.

This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.

Key Questions

Is a business marital property in a Tennessee divorce?

Generally yes. Under Tenn. Code § 36-4-121, a business founded or grown during the marriage is marital property subject to equitable distribution, even if titled in one spouse's name. Pre-marriage businesses may still have a divisible marital component if they appreciated from marital effort or funds.

How does a business buyout work in a Tennessee divorce?

A forensic accountant values the business, then the owning spouse compensates the other for their marital share. Under Tenn. Code § 36-4-121, that spouse can keep 100% of the company while transferring cash, real estate, or retirement accounts to offset the other spouse's interest.

Is Tennessee a 50/50 divorce state?

No. Tennessee is an equitable-distribution state, not a community-property state. Under Tenn. Code § 36-4-121, courts divide marital property fairly based on factors like marriage duration and each spouse's contributions — which may or may not result in a 50/50 split.

Can you change a signed divorce decree by making public statements?

No. Once a Tennessee court approves a final decree in 2022 or any year, its property terms are binding and enforceable. Later podcast or media statements do not alter the legal outcome; modifying property division after a final decree is generally not permitted.

Do I need a forensic accountant to divide a business in divorce?

In most business-owning divorces, yes. A forensic accountant or certified valuator establishes a defensible value by assessing assets, earnings, and goodwill. Under Tenn. Code § 36-4-121, this valuation drives how the marital share and any buyout amount are calculated.

Written By

Antonio G. Jimenez, Esq.

Florida Bar No. 21022 | Covering Tennessee divorce law