Georgia uses laws to divide property during a divorce. Here’s what to know about the equitable distribution of marital property in Georgia.
Equitable distribution of marital property in Georgia applies to all assets spouses acquire during their marriage. A court will divide the assets equitably rather than equally splitting assets between the parties.
What is Equitable Distribution?
Equitable distribution refers to the court’s distribution of assets in a divorce. Rather than dividing assets equally, a court will divide assets equitably.
Where Does Equitable Distribution Apply?
Equitable distribution applies to all property spouses acquire during their marriage. Equitable distribution may also apply to obligations such as child care and support. Separate property, meaning property a spouse acquired before or after marriage, is not subject to equitable distribution.
Separate vs. Marital Property in Georgia
Separate property is all property spouses acquired before marriage or from a third party during the marriage. Separate property may include inheritance, gifts, etc.
Marital property is all property spouses acquire during the marriage. If a spouse acquires property through a third party, such as an inheritance or a gift, it is separate property.
If a spouse has mixed property, meaning spouses purchased the property with both separate and marital funds, the asset is marital property.
How is Equitable Distribution Applied in Georgia?
In Georgia, courts will consider predetermined factors when dividing marital property, including:
- Spouses’ contribution to marital property
- Spouses’ separate property
- Marriage length
- Either spouse’s prior marriage
- Spouses’ marital contributions
- Spouses’ misconduct/fault
FAQs About Equitable Distribution of Marital Property in Georgia
Related: Georgia Divorce FAQs
Does adultery affect equitable distribution in Georgia?
If one spouse commits adultery, and the court determines adultery as grounds for divorce, a judge may assign less martial property to the adulterous spouse.
How does a prenup affect equitable distribution in Georgia?
If a prenuptial agreement outlines terms for property division, a court often favors the prenuptial agreement over equitable distribution.
What if the property acquired during the marriage is in my name?
All property spouses acquire during the marriage is subject to equitable distribution, regardless of the property type.
Does a Georgia court have to divide assets?
No, spouses may use negotiation or mediation to determine their divorce terms, but if these methods fail, litigation will be necessary.