What You Need to Know About Property Division in Georgia

When a marriage ends, dividing property can be one of the most stressful parts of the divorce process. In Georgia, the rules for property division are specific and designed to ensure fairness, but they can also be confusing if you’re not familiar with them. Whether you’re considering divorce or already in the middle of one, understanding how property division works in Georgia will help you prepare and protect your interests.

At Hobson & Hobson, P.C., we know that the end of a marriage is never easy and that property division is often a contentious area of divorce. Our Georgia divorce attorneys are here to help you through this difficult time. Call our office at 770-284-6153 or fill out our online contact form, and our divorce lawyers in Georgia will help.

Equitable Distribution: What Does It Mean?

Georgia follows the principle of equitable distribution when dividing property during a divorce. This doesn’t mean everything is split 50/50. Instead, the court looks at what’s fair based on the specific circumstances of your case.

For example, if one spouse earned most of the income or contributed more financially, they might receive a larger share of the marital property. However, fairness isn’t just about money. Contributions like staying home to care for children or supporting your spouse’s career are also considered valuable.

Key takeaway? Fair doesn’t always mean equal—but it should account for the efforts of both spouses.

Marital vs. Separate Property

Before property can be divided, it’s essential to determine what’s considered “marital property” and what’s “separate property.”

• Marital Property includes assets acquired during the marriage, regardless of who paid for them. Examples include a shared home, joint bank accounts, and retirement savings earned while married.
• Separate Property includes assets one spouse owned before the marriage or received individually, like an inheritance or a gift. These typically aren’t divided unless they were mixed with marital assets (a process called “commingling”).

Let’s say you owned a house before getting married but used the marital income to pay off the mortgage or renovate it. In that case, the house might be partially considered marital property.

To avoid confusion, gather documentation that shows when and how specific assets were acquired. This can make it easier to classify property accurately.

Factors Courts Consider When Dividing Property

If you and your spouse can’t agree on how to divide property, the court will decide for you. Judges in Georgia consider several factors to ensure the division is fair:

1. Each Spouse’s Financial Situation: Who earns more, and who is more financially dependent?
2. Contributions to the Marriage: Did one spouse stay home to raise kids or support the household while the other worked?
3. Future Needs: Does one spouse have greater earning potential, or does the other face financial challenges like health issues?
4. Misconduct: While Georgia is a “no-fault” divorce state, marital misconduct (like adultery or wasting assets) can still influence property division.

For example, if a spouse drained a shared bank account to pay for an affair, the court might award the other spouse a larger share to compensate.

What About Debts?

Property division in Georgia isn’t just about splitting assets—it also includes dividing debts. Any debts incurred during the marriage, like credit card balances or car loans, are generally considered marital debts.

However, separate debts (like student loans taken out before the marriage) typically remain the responsibility of the individual.

The court will try to assign debts fairly, just like with assets. If one spouse is more financially secure, they might take on a greater share of the debt.

How Retirement Accounts Are Handled

Retirement accounts are often a significant part of marital property and can be tricky to divide. In Georgia, the portion of a retirement account earned during the marriage is considered marital property.

For example, if your 401(k) grew by $50,000 during your 10-year marriage, that $50,000 (plus any interest it earned) could be subject to division.

Dividing retirement accounts usually requires a Qualified Domestic Relations Order (QDRO). This legal document instructs the retirement plan administrator on how to distribute the funds without triggering penalties or taxes.

FAQs About Property Division in Georgia

1. Do I have to go to court to divide property?
   Not always. Many couples resolve property division through mediation or settlement negotiations.
2. Can I keep all the property I owned before marriage?
   Yes, as long as it remains separate and isn’t commingled with marital property.
3. Does adultery affect property division?
   It can. While Georgia is a no-fault state, a spouse’s misconduct can impact the judge’s decisions.
4. How long does the property division process take?
   It depends. If you settle out of court, the process can be quicker. Court cases may take several months or more.

Contact Our Atlanta Divorce Lawyers Today

Property division in Georgia can be complex, but understanding the basics will give you a clearer sense of what to expect. The process focuses on fairness, but “fair” can mean different things to different couples.

If you’re facing divorce in Georgia, you need a law firm backing you up and protecting your rights. At Hobson & Hobson, P.C., our Atlanta divorce attorneys can help you get divorced quickly while protecting the things that matter most to you and your future. Give Hobson & Hobson a call at 770-284-6153 or fill out our confidential case evaluation form.