The Division Of Marital Assets in Georgia

GA Marital Property vs. GA Separate Property

One of the more complex issues in a Georgia divorce is the equitable division of marital assets. In order to understand how a Georgia court will divide property during a divorce, it is important to understand the difference between GA marital property and GA separate property. Marital property in Georgia is generally defined as any real or personal property acquired during the marriage. This can include your home, cars, joint accounts, assets as well as debts, insurance policies, vested retirement accounts, annuity benefits and more. Separate property in Georgia is defined as property acquired prior to the marriage, as well as property acquired during the marriage by gift, inheritance, bequest or devise. Separate property, as opposed to marital property, is often not subject to equitable division.

As you can imagine, contested divorce cases often lead to considerable dispute over whether something is marital property or separate property. For example, if one spouse bought a home prior to the marriage it would usually be considered separate property. However, if the other spouse helped by paying down the mortgage or making improvements, or if the couple lived in the home during their marriage and the value of the house appreciated, the other spouse may be entitled to an equitable division of the appreciation.

Once it is clear what property will be subject to division, Georgia courts will determine how to divide that property in what is defined as an "equitable" manner. Note that an "equitable division" is not necessarily an "equal division."  Rather, courts look at a variety of factors including but not limited to the purpose and intent of the parties regarding the ownership of the property, the duration of the marriage, the estate of each of the parties, and the contribution of both parties to the property. With respect to this last point, GA courts will consider both monetary contributions and contributions of a homemaker.  In other words, the breadwinner of a family would not necessarily be entitled to more assets simply because they contributed more money.

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As can be seen above, issues regarding the separation of marital property can be confusing and sometimes murky, and the help of an experienced attorney to help ensure that your interests are well protected will be invaluable. If you are dealing with a GA divorce, we advise you to speak with one of our Atlanta divorce lawyers sooner rather than later.  Please note that for a typical divorce, our law firm retainer begins at $2,500.00.  If you would like to talk with one of our family law attorneys about representing you, either fill out the brief form to your left or give us a call.  For additional contact information and driving directions to our firm please visit our Contact Page.  Thank you and we look forward to working with you.