Emotions aside, the most complicated aspect of a Georgia divorce is typically property division.
Georgia is an equitable distribution state. This means that marital property is divided equitably, or fairly, between spouses.
It is important to note that fair does not mean equal. Although it is assumed that an equal distribution is fair, courts sometimes award one spouse more marital property than the other.
Marital property is generally property acquired during the marriage, regardless of who owns the property on paper. Separate property is not part of equitable distribution.
With some exceptions, separate property is property acquired prior to marriage, or property given to you through a gift or inheritance that does not mix with marital property.
What is a fair distribution?
A fair and equitable distribution depends on the unique factors in your divorce. However, Georgia courts consider several common factors when deciding how to equitably divide marital property.
Some of these factors include:
- How much each spouse contributed toward the purchase of the property
- The financial situation of each spouse
- The length of the marriage
- Separate property of each spouse
Common examples of when a court may divide marital property unequally include when one spouse makes significantly more money than other, receives ample support from family members or has a substantial piece of separate property, such as a trust fund.
In those cases, a court could consider awarding the other spouse a higher share of the marital property an equitable division.
Preparing for equitable distribution in your Georgia divorce
There are many ways you can prepare for the equitable distribution process in your divorce. Collect your financial documents such as bank statements and tax returns.
Get an appraisal of your real estate and any other valuable pieces of marital property. Once you have a clear picture of your financial situation you will be in a better position to determine an equitable division.
Equitable division can get complicated. It is important to understand your rights to ensure you receive your fair share of the marital estate.