Georgia is an “equitable division of property” state. For divorcing spouses, that means that the property they acquired during the marriage will be divided equitably – not to be confused with equally – taking into consideration a number of factors. These factors may include the conduct of either spouse, the separate estate of each party, the contributions of each party to the marriage, and the couple’s income practices and historical patterns.
The attorneys at Boyd Collar Nolen Tuggle & Roddenbery have experience in high-asset, complex cases, which require a level of financial expertise in matters of valuation, discovery of assets and other issues involved in the division of a significant marital estate. Regardless of whether you are the spouse who has traditionally handled the family finances, we are equipped to fight hard for your fair share.
We partner with forensic accountants, financial analysts, business valuation specialists and other experts required in your unique case. We understand the many complexities of property division including multistate and international property, trust funds, stock options, restricted stock units, pensions, benefit plans and other compensation packages.
Separate property can include property acquired before the marriage, property acquired during the marriage through gift or inheritance from third parties and property that can be traced to those properties. We advise clients on how to protect or attack separate property claims and how to act to protect those assets during the divorce proceeding (for example by not putting them in jointly titled names or accounts with the opposing spouse).
We have successfully argued our clients’ positions on assets such as real estate, severance pay, deferred compensation, stock options, stock awards, pensions and retirement accounts.
Trusts are an increasingly active battleground in divorce disputes as clients try to protect the assets in a trust from the other spouse or as clients try to access trust assets for division and distribution in divorce. Boyd Collar Nolen Tuggle & Roddenbery attorneys have substantial and sophisticated experience in both defending and attacking trusts in divorce cases.
If you and your spouse signed a prenuptial agreement or a reconciliation agreement and are headed toward divorce, you may have questions about whether the agreement will be enforceable as part of your divorce.
Just because a couple has signed a prenuptial or reconciliation agreement does not mean it is necessarily enforceable. Under Georgia law, several important conditions must first be met before your prenuptial or reconciliation agreement will be considered valid.
Whether you are seeking to invalidate a prenuptial or reconciliation agreement or wishing to have one enforced, we will explain your legal rights and options and advocate for your interests.