How Is Property Divided In A Divorce?

During a divorce, property division issues often take a back seat to struggles over parenting time or child support. But, divorce can introduce a lot of fear around what your financial picture will look like in the future. The attorneys at our firm, Reese-Beisbier & Associates, P.C., can answer your questions about how the property division process works, and we can help you retain the assets you need to ensure you and your family have a healthy post-divorce future.

How Property Division Works In Georgia

Georgia is an equitable distribution state when it comes to property division during a divorce. Equitable distribution means that the court will look at the total inventory of assets and debts and order a fair, though not necessarily equal, distribution.

Marital property — that is, property acquired during the marriage for joint benefit — is the only property eligible for distribution during a divorce. Each spouse may keep the separate property they brought into the marriage. But, if an asset is determined to be marital property, it does not necessarily get assigned to the spouse in whose name it is titled. For example, if you bought a car during your marriage and it is titled in your name, it may still be distributed to your spouse as part of the property division.

Factors Considered In Property Division Decisions

Georgia courts do not use a formula to divide marital property. Rather, judges consider many of these factors:

  • The current financial status of each spouse, including debts
  • Each spouse's separate assets
  • Each person's current income and earning potential
  • If there are questions of business division of assets
  • Future needs of both parties, including retirement planning
  • Conduct by either party

Get A Property Division Evaluation Today

Our firm emphasizes thorough fact and document gathering to allow you to make fully informed decisions. To speak with a lawyer, call our Cumming office at 678-947-2988 or contact us via our online intake form to make an appointment.