Property Division

Learn about property division in Georgia divorce including equitable distribution laws.

Marital Property & Marital Assets

What Is Marital Property?

Anything deemed "Marital Property" will be awarded based on the laws of equitable distribution. This includes almost everything acquired during the marriage. This does not include "pre-marital assets" which is property you had before you were married.

In Georgia, personal property and real property are subject to division between divorcing spouses. Personal property includes items such as retirement accounts, stocks, pensions, vehicles, boats, motorcycles, jewelry, furniture, art, equipment, etc. Real property includes real estate such as your primary home, vacation home, rental houses, undeveloped land, and commercial property.

Equitable Distribution Laws

The term "Equitable Distribution" does not mean an equal distribution of property. The court considers many factors to decide what constitutes "equitable distribution". Some of the factors are the total value of all property, duration of marriage, and contributions by spouses during the marriage. The general goal is to make certain that both parties get a reasonable allocation to maintain a decent life.

Property Subject To Equitable Distribution

All marital property (personal or real property obtained while married) is subject to divison between spouses. Your divorce settlement identifies the distribution of property, however; a judge can overrule any part to which you and your spouse have agreed. The division of pensions, retirement funds and certain investments usually requires a Qualified Domestic Relation Order (QDRO).

Property Not Subject To Equitable Distribution

Property brought into the marriage is not subject to division in a divorce. This includes real and personal property which was owned prior to becoming married.