If you’re considering filing for divorce in Georgia, then you probably have more than a few questions about the process, especially when it comes to your financial assets and property. In this post, we’ll discuss how marital property and assets are divided in Georgia and explain why contacting an experienced divorce attorney is the best way to ensure that your interests are protected.

If you have additional questions about asset division in Georgia, or if you would like to learn more about how our divorce attorneys can provide you with excellent representation, contact our office to schedule a consultation.

Before we discuss how marital property is divided, it’s important to distinguish between marital property and separate property, as the way in which your property is classified will affect how it is divided.

Marital property includes items acquired during the marriage, unless those items were given to one party as a gift or through an inheritance; separate property includes items that were owned before the marriage as well as gifts given by third parties and assets acquired through inheritance. As an example, a vehicle you purchased yourself prior to meeting your spouse would be considered separate property; a television you purchased together would be considered marital property.

The division of marital property is not always as straightforward as it is in other states because Georgia divides property equitably rather than equally. This means that instead of working to divide all of the property straight down the middle and leave each party with 50% of their shared marital assets, the court will seek to divide the assets in a way that’s fair to each party.

The court will begin by looking at your case and the circumstances of your divorce. They’ll look at factors such as:

These aren’t the only questions you will be asked, but you can expect some of them to come into play as the court determines an equitable distribution of your assets.

Divorce can bring out the worst in couples, and this can be especially true when it comes to shared financial assets. Many spouses attempt to conceal their assets from the court in order to shortchange the other spouse and walk away from the marriage with more than might have otherwise been awarded.

Asset concealment can take many forms, but hidden accounts, transfers to friends and family, and a sudden increase in tax payments are some of the most common. Divorce is a trying time filled with personal stress and logistical concerns that can make it difficult to spot the signs of asset concealment. An experienced divorce attorney can look at your assets and help you look for signs that your spouse is attempting to hide more than they’re entitled to.

See our previous post, What Is Asset Concealment? , for additional information about asset concealment.

If you’re considering divorce, it’s important to understand what your life will look like once you and your spouse have separated. We hope that this overview of how property is divided in Georgia has helped you to gain a better understanding of how your property could be divided, and we’re always willing to answer any additional questions you may have. We frequently host live Q&A sessions on our Facebook page that allow you to ask anonymous questions through DM or in our live chat, so please join us for our next session if you would like to speak with us live.

If you’re searching for an experienced divorce attorney who can provide you with dedicated representation in your divorce, we recommend that you contact our office for a consultation. We provide all of our clients with exceptional representation and will do everything we can to make your divorce as smooth as possible.