Understanding Georgia's Equitable Distribution Law

When a Georgia marriage ends in divorce, the couple's assets and debts do not automatically get split 50/50. Instead, Georgia follows the principle of equitable distribution. Here is what that means for you.  

Equitable Does Not Mean Equal  

Equitable distribution means that marital property is divided fairly but not necessarily equally. A 60/40 split, or even a more unequal division, may be considered equitable depending on the circumstances of the marriage.  

What Is Marital Property?  

Marital property generally includes assets and debts acquired by either spouse during the marriage, regardless of whose name they are in. This includes the family home, retirement accounts, vehicles, bank accounts, and business interests built during the marriage.  

What Is Separate Property?  

Separate property includes assets owned by one spouse before the marriage, as well as inheritances and gifts received by one spouse during the marriage. Separate property is generally not subject to division but it can become marital property (or 'commingled') if it is mixed with marital assets.  

Factors That Influence Division  

Georgia courts consider factors like the length of the marriage, each spouse's financial situation and earning capacity, contributions to the marital estate (including non-financial contributions like homemaking), and any misconduct that caused the marriage to break down.