How is property divided during a divorce in Georgia?
Kellyn Kidwell
Georgia managing attorney at Marble Law
Key Takeaways
- Spouses may be able to reach an agreement on their own about how to divide property in their Georgia divorce.
- If the spouses can’t agree, the court decides property division using an “equitable distribution” model. Rather than splitting things 50/50, property is divided fairly.
- To determine property division, Georgia courts consider factors such as the length of the marriage, each spouse’s contributions to the specific property, the purpose and intent of the parties regarding ownership of the property and alimony awarded to either spouse.
- Only marital property is divided; in general, separate property remains with each respective spouse.
During a divorce in Georgia, property may be divided in two ways:
- The couple may reach an agreement themselves.
- The court may determine how to divide marital property.
Resolving property matters on your own
If the couple tries to decide between themselves how their marital property shall be divided as part of the divorce, they may wish to try meditation or another type of alternative dispute resolution. These processes use a neutral third-party and/or their respective lawyers to help the couple find an agreement that suits both of them.
However they negotiate, the couple must put their decisions about property into a written divorce settlement agreement. They then present this to a judge, who determines if the agreement is just. If so, the couple’s decision about property division becomes part of their divorce decree.
Get the right lawyer for your divorce
Schedule a free 15-min call with our team today
Having the court determine property division
If the parties can’t decide between themselves how their marital property shall be divided as part of the divorce, the court will make the determination. Georgia courts divide marital property in a manner which is fair and equitable; this is referred to as “equitable division”. Under this process, rather than dividing property equally 50/50, the court takes a subjective approach in deciding who shall be awarded which property.
When determining how to divide property, Georgia courts typically take the following into consideration:
- The length of the marriage.
- What, if anything, each spouse contributed to the specific property (such as paying to upgrade rental property or making mortgage payments).
- Each spouse’s financial situation.
- If either party was previously married.
- What each spouse contributed to the family.
- The purpose and intent of the parties regarding ownership of the property.
- Each spouse’s debts.
- Any alimony awarded to either spouse.
What property can be divided in a Georgia divorce?
Only marital property is divided during a divorce. Marital property is anything either spouse acquires during the marriage. This may include:
- The family house
- Cars
- Stocks
- Retirement benefits
- Gifts between spouses
On the other hand, separate property isn’t divided during a divorce; it remains the property of the respective spouse. Separate property includes gifts, inheritances and anything acquired before the marriage.
That said, some separate property may become marital property during the course of a marriage. This may be the case if one spouse makes significant contributions or improvements to the other spouse’s property, such as paying to upgrade real estate.
Quality legal care for life’s ups and downs
Our services
Client support
