Georgia is an equitable division state, which means that Georgia courts promise a fair distribution of property upon divorce rather than a guaranteed 50/50 split of the spouses’ marital property. There is no formula or calculation used to divide marital property in the state. Instead, judges and juries rely on certain case-specific factors to determine how marital property will be divided. Additionally, title is not controlling in Georgia; a particular marital asset titled in one party’s name does not guarantee that the property will automatically go to that spouse during the divorce process.
When determining the fair distribution of property, judges and juries take various factors into account, including:
- Parties' conduct
- Duration of the marriage
- Contributions to marital property
- Contributions to the family unit
- Intent
- Separate estates of each party
- Income practices and historical patterns
While the list above is not exhaustive, there may be case-specific facts that influence judicial decisions. With our extensive experience, we adeptly identify the pertinent factors to present to the court, ensuring the most effective argumentation for your case.
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