Navigating the financial complexities of divorce is challenging, especially when it comes to separating debt in marriage. At Hobson & Hobson, P.C., we leverage over 30 years of combined experience to guide clients through the intricacies of Georgia’s equitable distribution laws, ensuring your financial future is protected.

Understanding Debt Division in Georgia Divorce

Georgia is an equitable distribution state. This means that when couples divorce, both marital assets and debts are divided based on what the court deems fair — not necessarily equal. Many clients mistakenly assume debts will be split 50/50, but Georgia law focuses on fairness, considering the unique circumstances of each case.

What Counts as Marital vs. Separate Debt?

• Marital Debt: Most liabilities incurred by either spouse during the marriage, regardless of whose name is on the account. This includes mortgages, credit cards, car loans, and medical bills.
• Separate Debt: Debts incurred before marriage or, in some cases, student loans. These generally remain the responsibility of the spouse who incurred them.

“It does not matter whose name is on the debt; if it was acquired during the marriage, it is typically considered marital debt.” — Resurgens Law

Georgia’s Legal Framework

Georgia courts consider several factors when dividing marital debt:

• Each spouse’s income and earning capacity
• Length of the marriage
• Financial and non-financial contributions of each spouse
• Who incurred the debt and for what purpose
• Whether the debt is secured by a specific asset
• Any wasteful spending or dissipation of marital assets

If spouses cannot agree on how to divide debt, a judge will decide based on these factors. The court may also consider the grounds for divorce if they are relevant to the debt.

For more on Georgia’s approach, see the Georgia Legal Aid guide on property division.

Professional Legal Advice for Separating Debt in Marriage

Our approach at Hobson & Hobson is both innovative and client-centric. We combine advanced technology with deep legal expertise to provide seamless, efficient solutions for clients facing divorce and debt division.

Steps to Protect Your Financial Interests

1. Work with an Experienced Family Law Attorney: Legal guidance is essential to ensure all debts are properly identified and classified. Our attorneys are trained to spot non-obvious liabilities, such as tax debts or business loans, that can otherwise be overlooked.
2. Gather Documentation: Collect statements, loan agreements, and records showing when and why debts were incurred. This evidence is crucial for accurate classification and negotiation.
3. Negotiate When Possible: Amicable agreements are often preferable, as court decisions can be unpredictable and costly. Mediation can help resolve disputes efficiently.
4. Monitor Joint Accounts: Close or freeze joint credit lines to prevent new debt from being added during the divorce process.
5. Consider Credit Impact: Even if a court assigns a debt to your spouse, creditors may still pursue you if your name is on the account. Protect your credit by ensuring joint debts are refinanced or paid off.

“The overall division does not need to be exactly 50/50 or equal, but rather what the court determines to be fair given the totality of the circumstances.” — Sharon Jackson, Georgia divorce attorney

Common Mistakes to Avoid

• Assuming Equal Division: Georgia law is about fairness, not equality.
• Overlooking Non-Obvious Debts: Tax liabilities, business loans, or debts in the other spouse’s name can be missed.
• Failing to Address Joint Accounts: If joint debts are not closed or refinanced, both parties remain liable to creditors, regardless of the divorce decree.
• Ignoring the Impact of Separate Property: Not all debts or assets are marital; failing to distinguish can lead to unfair outcomes.

For more on best practices, visit the State Bar of Georgia’s Family Law Section.

Georgia-Specific Laws and Recent Trends

Georgia courts follow established case law, such as Stokes v. Stokes and Thomas v. Thomas, to distinguish between marital and separate property and debt. The “source of funds” rule helps determine whether an asset or debt is marital or separate, based on when and how it was acquired.

As of 2025, there have been no major changes to Georgia’s approach, but the increasing complexity of financial portfolios — student loans, business debts, digital assets — means debt division is more nuanced than ever.

For a deeper dive into Georgia’s divorce laws, see the Georgia Code Title 19 – Domestic Relations.

Our Approach: Balancing Empathy with Aggressive Advocacy

At Hobson & Hobson, we understand that divorce is more than a legal process — it’s a life transition. Our attorneys combine empathy with aggressive advocacy when needed, ensuring your parental rights and finances are protected. We are prepared to litigate complex, high-asset cases, but always strive for amicable resolutions when possible.

Our five convenient office locations across Atlanta, Canton, Marietta, Alpharetta, Milton, Roswell, and Duluth make us accessible to clients throughout the region.

Frequently Asked Questions

What is considered marital debt in Georgia?

Marital debt includes most liabilities incurred by either spouse during the marriage, regardless of whose name is on the account. This can include mortgages, credit cards, car loans, and medical bills.

How does the court decide who is responsible for which debts?

The court considers factors such as each spouse’s income, earning capacity, contributions, and the purpose of the debt. The goal is a fair — not necessarily equal — division.

What happens if my spouse doesn’t pay a debt assigned to them?

If your name remains on a joint account, creditors may still pursue you for payment, even if the court assigned the debt to your spouse. It’s crucial to close or refinance joint debts during the divorce process.

Are student loans considered marital or separate debt?

Student loans are often treated as separate debt, but the court may consider the circumstances under which the loan was incurred.

How can I protect my credit during divorce?

Monitor your credit report, close or freeze joint accounts, and ensure all joint debts are addressed in your divorce agreement.

For more answers, visit our FAQ page.

Why Choose Hobson & Hobson, P.C.?

• Over 30 years of combined experience in divorce and custody cases
• Special litigation training for efficient, effective outcomes
• Focus on protecting parental rights and finances
• Innovative, technology-driven approach for seamless client service
• Five convenient office locations in the Atlanta area

We offer initial consultations to discuss your unique situation and help you make informed legal decisions during challenging times.

Additional Resources

• Georgia Legal Aid: Divorce and Property Division
• State Bar of Georgia Family Law Section
• Georgia Code Title 19 – Domestic Relations
• Federal Trade Commission: Protecting Your Credit During Divorce

For more information or to schedule a consultation, visit thehobsonlawfirm.com.

Separating debt in marriage requires strategic legal advice and a clear understanding of Georgia law. At Hobson & Hobson, we are committed to guiding you through every step, ensuring your financial future is secure.

Sarah Hobson

Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.